93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7316


 
Introduced 7/21/2004, by Rep. Jim Watson
 
SYNOPSIS AS INTRODUCED:
 		














765 ILCS 835/9
  from Ch. 21, par. 21.2







    Amends the Cemetery Protection Act. Provides that a cemetery lot or a mausoleum crypt (instead of just a cemetery lot) may be presumed abandoned if the listed circumstances exist.  Effective immediately.   
















LRB093 22956 LCB 52837 b

















 


 


A BILL FOR









 











HB7316

LRB093 22956 LCB 52837 b






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    AN ACT concerning cemeteries.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Cemetery Protection Act is amended  by 
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changing Section 9 as follows:
 



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    (765 ILCS 835/9)  (from Ch. 21, par. 21.2)



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    Sec. 9. When there is no memorial, monument, or marker 
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installed on a
cemetery lot or mausoleum crypt; no interment in 
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a cemetery lot or mausoleum crypt; no transfer or assignment of 
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a
cemetery lot or mausoleum crypt on the cemetery authority 
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records; no contact by an owner recorded
in the cemetery 
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authority records; publication has been made in a local

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newspaper and no
response was received; and 60 years have 
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passed since the cemetery lot or mausoleum crypt was
sold,

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there is a presumption that the cemetery lot or mausoleum crypt 
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has been abandoned.
Alternatively, where there is an obligation 
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to pay a cemetery authority,
annually
or periodically, 
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maintenance or care charges on a cemetery lot or mausoleum 
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crypt, or part
thereof, and the owner of or claimant to a right 
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or easement for burial in
such cemetery lot or mausoleum crypt, 
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or part thereof, has failed to pay the required annual
or 
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periodic maintenance or care charges for a period of 30 years 
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or more,
such continuous failure to do so creates and 
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establishes a presumption that
the cemetery lot or mausoleum 
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crypt, or part thereof, has been abandoned.

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    Upon a court's determination of abandonment, the ownership 
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of a right or
easement for burial in a
cemetery lot or 
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mausoleum crypt, or part thereof, shall be subject to sale in 
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the manner
hereinafter provided.

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(Source: P.A. 92-419, eff. 1-1-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.