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UTAH STATUTES AND CODES
8-5-6 - Alternative council or board procedures for notice -- Termination of rights.
8-5-6. Alternative council or board procedures for notice -- Termination of rights.
(1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, amunicipal council or cemetery maintenance district board may pass a resolution demanding thatthe owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes formore than 60 years, file with the county recorder, city recorder, or town clerk notice of any claimto the lot, site, or portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a copyof the resolution to be personally served on the owner in the same manner as personal service ofprocess in a civil action. The resolution shall notify the owner that the owner shall, within 60days after service of the resolution on the owner, express interest in maintaining the cemetery lot,site, or portion of the cemetery and submit satisfactory evidence of an intention to use the lot,site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal councilor cemetery maintenance district board as required in Subsection (2), the municipal council orcemetery maintenance district board shall publish its resolution:
(a) (i) for three successive weeks in a newspaper of general circulation within the county;and
(ii) in accordance with Section 45-1-101 for three weeks; and
(b) mail a copy of the resolution within 14 days after the publication to the owner's lastknown address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's orcemetery maintenance district board's resolution, the owner or person with a legal interest in thecemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of thecemetery for burial purposes, the owner's rights are terminated and that portion of the cemeteryshall be vested in the municipality or cemetery maintenance district.
(1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, amunicipal council or cemetery maintenance district board may pass a resolution demanding thatthe owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes formore than 60 years, file with the county recorder, city recorder, or town clerk notice of any claimto the lot, site, or portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a copyof the resolution to be personally served on the owner in the same manner as personal service ofprocess in a civil action. The resolution shall notify the owner that the owner shall, within 60days after service of the resolution on the owner, express interest in maintaining the cemetery lot,site, or portion of the cemetery and submit satisfactory evidence of an intention to use the lot,site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal councilor cemetery maintenance district board as required in Subsection (2), the municipal council orcemetery maintenance district board shall publish its resolution:
(a) (i) for three successive weeks in a newspaper of general circulation within the county;and
(ii) in accordance with Section 45-1-101 for three weeks; and
(b) mail a copy of the resolution within 14 days after the publication to the owner's lastknown address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's orcemetery maintenance district board's resolution, the owner or person with a legal interest in thecemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of thecemetery for burial purposes, the owner's rights are terminated and that portion of the cemeteryshall be vested in the municipality or cemetery maintenance district.
Amended by Chapter 388, 2009 General Session
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