TITLE 27

CEMETERIES AND CREMATORIUMS

CHAPTER 4

ENDOWMENT CARE CEMETERY ACT

27-403.  Definitions. When used herein, unless the context or subject matter requires otherwise, the terms hereinafter set forth shall have the following respective meanings:

(a)  Cemetery. The term "cemetery" shall mean a place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot for earth interments, a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or any combination of one or more of the above.

(b)  Endowed or Perpetual Care. The terms "endowed care" or "perpetual care" mean the maintenance and care of all places where interments have been made, of the trees, shrubs, roads, streets and other improvements contained within and/or forming a part of the cemetery. The term shall not include the maintenance or repair of monuments, tombs, copings or other man-made ornaments as associated with individual burial spaces.

(c)  Perpetual or Endowed Care Cemetery. The term "perpetual or endowed care cemetery" means a cemetery wherein lots or other burial spaces are sold or transferred under the representation that said cemetery will receive perpetual or endowed care as herein defined, free of further cost to the purchaser after payment of the original purchase price for said lot or burial space.

(d)  Trustee. The term "trustee" means the financial institution, or the board of directors of a cemetery authority designated as trustee of the cemetery care fund.

(e)  Cemetery Authority. The term "cemetery authority" means any person, firm, corporation, trustee, partnership, association or joint venture, including any family, religious, or fraternal cemetery owning, operating, controlling or managing the cemetery or holding lands for burial purposes.

(f)  Burial Space. The term "burial space" means a space in the ground in a burial park for the interment of the remains of a deceased person, and/or a crypt or vault in a mausoleum for the uncremated remains of a deceased person, and/or a niche in a columbarium, other structure or in the ground for the interment of the cremated remains of a deceased person.

(g)  Administrator. The term "administrator" means the director of the department of finance.

History:

[(27-403) 1963, ch. 179, sec. 3, p. 527; I.C., sec. 28-403 (1963 Supp.); am. 1972, ch. 84, sec. 1, p. 168; am. 1978, ch. 163, sec. 1, p. 352.]