214.205. Violation of nuisance ordinance--abandonment--action authorized--costs--eminent domain. - Missouri Statutes

Violation of nuisance ordinance--abandonment--actionauthorized--costs--eminent domain.

214.205. 1. If any cemetery not described in section214.090 is found to be in violation of a city, town, village orcounty nuisance ordinance for failure to cut grass or weeds, orcare for graves, grave markers, walls, fences, driveways orbuildings, the governing body of such city, town, village orcounty shall be authorized to take those actions necessary torestore and maintain the cemetery, and the governing body shallbe authorized to charge the expenses of such actions against thecemetery. If actions are taken by a city, town, village orcounty pursuant to this subsection, the city, town, village orcounty may assess all true costs of restoration, maintenance andoperation against any responsible person, partnership orcorporation whether such person, partnership or corporation is alessee, lessor, equitable title holder or legal title holder tothe unmaintained cemetery. Any city, town, village or countywhich assesses costs pursuant to this section reserves the rightto pursue any and all legal, equitable or criminal remedies tocollect such assessed costs. Any city, town, village or countywhich pursues a civil remedy pursuant to this section may employindependent attorneys and law firms to collect the costs ofrestoration, maintenance and operation of any unmaintainedcemetery.

2. As used in this section, the term "abandoned cemetery"means any cemetery, except one described in section 214.090, inwhich, for a period of at least one year, there has been asubstantial failure to cut grass or weeds or care for graves,grave markers, walls, fences, driveways and buildings or forwhich proper records have not been maintained pursuant tosection 214.340. Whenever the attorney general determines theexistence of an abandoned cemetery in this state, the attorneygeneral shall immediately proceed to dissolve the cemeterycorporation owning the same. Upon the dissolution of suchcorporation, title to all property owned by the cemeterycorporation shall vest in the municipality or county in whichthe cemetery is located, and the endowed care fund, togetherwith all investments then outstanding, and all books, recordsand papers of such corporation shall be transferred to thetreasurer of such municipality or county and shall become theproperty thereof. Upon the transfer of such property and funds,the governing body of such municipality or county shall care forand maintain such cemetery with any moneys of the cemeterycorporation, including the principal of and income from theendowed care funds, and, if such moneys are insufficient toproperly maintain such cemetery, then it may use funds of themunicipality or county.

3. In addition to those powers granted the attorney generalin subsection 2 of this section, every municipality or county inwhich any abandoned cemetery is located may acquire through itspower of eminent domain such cemetery, together with all endowedcare funds, maintenance equipment, books and records, accountsreceivable and other personal property used or created in theoperation of the cemetery and owned or controlled by the personor association which owns the cemetery. The municipality orcounty shall acquire the cemetery and related property subjectto the rights of owners of burial lots or other intermentspaces. Upon so acquiring the cemetery and related property,the acquiring municipality or county shall operate and maintainthe cemetery as a public cemetery. The municipality or countywhich so acquires an abandoned cemetery shall not be liable forany act or transaction which occurred prior to such acquisition,including, without limitation, any obligation to third partiesor incorrect lot ownership or burial records.

(L. 1990 H.B. 1079)

CROSS REFERENCE:

Cemeteries acquired by St. Louis City pursuant to this section may be sold, to whom, RSMo 214.500

(2001) County's acquisition of abandoned cemetery free and clear of existing liens constituted an uncompensated taking of the lienholder's property. State ex rel. Nixon v. Jewell, 70 S.W.3d 465 (Mo.App.E.D.).