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Illinois Compiled Statutes
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() 65 ILCS 5/Art 11 prec Div 49
(65 ILCS 5/Art 11 prec Div 49 heading)
CEMETERIES
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65 ILCS 5/Art. 11 Div. 49
(65 ILCS 5/Art. 11 Div. 49 heading)
DIVISION 49.
GENERAL CEMETERY POWER
AND TAX FOR REHABILITATION
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65 ILCS 5/11-49-1
(65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1)
Sec. 11-49-1.
Cemeteries; permitted activities.
(a) The corporate authorities of each municipality may establish
and regulate cemeteries within or without the municipal limits; may acquire
lands therefor, by purchase or otherwise; may cause cemeteries to be
removed; and may prohibit their establishment within one mile of the
municipal limits.
(b) The corporate authorities also may enter into contracts to purchase
existing cemeteries, or lands for cemetery purposes, on deferred
installments to be paid solely from the proceeds of sale of cemetery lots.
Every such contract shall empower the purchasing municipality, in its own
name, to execute and deliver deeds to purchasers of cemetery lots for
burial purposes.
(c) The corporate authorities of each municipality
that
has within its territory an abandoned cemetery may enter
the cemetery grounds and cause the grounds to be cleared
and made orderly. Provided, in no event shall the corporate
authorities of a municipality enter an abandoned cemetery
under this subsection if the owner of the property or the
legally responsible cemetery authority provides written
notification to the corporate authorities, prior to the
corporate authorities' entry (1) demonstrating the
ownership or authority to control or manage the cemetery
and (2) declining the corporate authority authorization to enter the property.
In
making a cemetery orderly under this Section, the corporate
authorities of a municipality may take necessary measures
to correct dangerous conditions that exist in regard to
markers, memorials, or other cemetery artifacts but may not
permanently remove those items from their location on the
cemetery grounds.
If an abandoned cemetery is dedicated as an Illinois nature
preserve under the Illinois Natural Areas Preservation Act,
any actions to cause the grounds to be cleared and kept
orderly shall be consistent with the rules and master plan
governing the dedicated nature preserve.
(d) In this Section:
"Abandoned cemetery" means an area of land containing
more than 6 places of interment for which, after diligent
search, no owner of the land or currently functioning
cemetery authority objects to entry sought pursuant to this Section, and (1)
at which no
interments have taken place in at least 3 years; or (2)
for which there has been inadequate maintenance for at least 6 months.
"Diligent search" includes, but is not limited to,
publication of a notice in a newspaper of local
circulation not more than 45 but at least 30 days prior to
entry and cleanup of cemetery grounds by the corporate
authorities of a municipality. The notice shall provide (1)
notice of the corporate authorities' intended entry and
cleanup of the cemetery; (2) the name, if known, and
geographic location of the cemetery; (3) the right of the
cemetery authority or owner of the property to deny entry
to the corporate authorities upon written notice to
those authorities; and (4) the date or dates of the
intended cleanup.
"Inadequate maintenance" includes, but is not limited
to, the failure to cut the lawn throughout a cemetery to
prevent an overgrowth of grass and weeds; the failure to
trim shrubs to prevent excessive overgrowth; the failure to
trim trees so as to remove dead limbs; the failure to keep
in repair the drains, water lines, roads, buildings,
fences, and other structures of the cemetery premises; or
the failure to keep the cemetery premises free of trash and
debris.
(Source: P.A. 92-419, eff. 1-1-02.)
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65 ILCS 5/11-49-5 (65 ILCS 5/11-49-5) Sec. 11-49-5. Scattering garden. The corporate authorities of any municipality may establish a scattering garden in any municipal cemetery for the purpose of scattering cremated remains.
(Source: P.A. 93-757, eff. 1-1-05.) |
65 ILCS 5/Art. 11 Div. 50
(65 ILCS 5/Art. 11 Div. 50 heading)
DIVISION 50.
TAX FOR RESTORATION OF NEGLECTED
CEMETERIES
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65 ILCS 5/11-50-1
(65 ILCS 5/11-50-1) (from Ch. 24, par. 11-50-1)
Sec. 11-50-1.
Cities and villages of less than 25,000 population may levy a tax
annually of not to exceed .025% of the value, as equalized or assessed
by the Department of Revenue, of all the taxable
property in the city or village for the purpose of reconditioning and
restoring neglected cemeteries, or any portion thereof, which are owned
by that city or village, or over which that city or village exercises
management and control.
No such tax shall be levied in any such city or village until the
question of levying the tax has first been certified by the clerk and
submitted to the electors of
that city or village and has been approved by a majority of the
electors voting thereon. The question
shall be
in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a tax of not exceeding .025% be levied each year on the taxable YES property in the city (or village) of .... for the purpose of reconditioning - - - - - - - - - - - - - - - - - - -
and restoring neglected cemeteries as provided in Section 11-50-1 of the NO Illinois Municipal Code? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors of the city or village voting thereon vote
for the levy of the tax herein provided for, the
city or village is authorized to levy and collect the tax. This tax
shall be in addition to all other taxes which that city or village is
now or hereafter may be authorized to levy on the taxable property
within the city or village, and shall be in addition to taxes for
general purposes authorized to be levied as provided by Section 8-3-1.
This tax shall be levied and collected in like manner as the general
taxes for that city or village.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1489; 81-1509 .)
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65 ILCS 5/Art. 11 Div. 51
(65 ILCS 5/Art. 11 Div. 51 heading)
DIVISION 51.
REMOVAL OF CEMETERIES
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65 ILCS 5/11-51-1
(65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)
Sec. 11-51-1.
Cemetery removal.
Whenever any cemetery is embraced within
the limits of any
city, village, or incorporated town, the corporate authorities thereof,
if, in their opinion, any good cause exists why such cemetery should be
removed, may cause the remains of all persons interred therein to be removed to
some other suitable place. However, the corporate authorities shall first
obtain the assent of the trustees or other persons having the control or
ownership of such cemetery, or a majority thereof. When such cemetery is owned
by one or more private parties, or private corporation or chartered society,
the corporate authorities of such city may require the removal of such cemetery
to be done at the expense of such private parties, or private corporation or
chartered society, if such removal be based upon their application. Nothing
in
this Section limits the powers of the City of Chicago to acquire property or
otherwise exercise its powers
under
Section 15 of the O'Hare Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
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65 ILCS 5/Art. 11 Div. 52
(65 ILCS 5/Art. 11 Div. 52 heading)
DIVISION 52.
CONTROL AND MAINTENANCE OF
PUBLIC GRAVEYARDS
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65 ILCS 5/11-52-1
(65 ILCS 5/11-52-1) (from Ch. 24, par. 11-52-1)
Sec. 11-52-1.
Public graveyards, not under the control of any corporation
sole, organization or society, and located within the limits of cities,
villages, or incorporated towns, shall and may be controlled or vacated by
the corporate authorities of such city, village, or incorporated town in
such manner as such authorities deem proper.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-52-2
(65 ILCS 5/11-52-2) (from Ch. 24, par. 11-52-2)
Sec. 11-52-2.
The corporate authorities of any city, village or
incorporated town may accept a conveyance from any person, corporation,
association or society of any property within the limits of the city,
village or incorporated town, or within one mile of the corporate limits of
the city, village or incorporated town, which has been or is used as a
public graveyard or burial ground. After the acceptance of any such
conveyance the property conveyed shall be under the control, management,
maintenance and ownership of the city, village or incorporated town.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 52.1
(65 ILCS 5/Art. 11 Div. 52.1 heading)
DIVISION 52.1.
REGULATION AND ESTABLISHMENT
OF CEMETERIES
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65 ILCS 5/11-52.1-1
(65 ILCS 5/11-52.1-1) (from Ch. 24, par. 11-52.1-1)
Sec. 11-52.1-1.
Any city or village may establish and maintain cemeteries,
within and without its corporate limits, and acquire lands therefor, by
condemnation or otherwise, and may lay out lots of convenient size for
families, and may sell lots for family burying ground, or to individuals
for burial purposes.
(Source: Laws 1963, p. 832.)
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65 ILCS 5/11-52.1-2
(65 ILCS 5/11-52.1-2) (from Ch. 24, par. 11-52.1-2)
Sec. 11-52.1-2.
Any city or village owning or controlling a municipal
cemetery lying within or without, or partly within or without, the
corporate limits of such city or village, shall have the power to appoint
by the mayor or president, with the advice and consent of the city council
or board of trustees, a board of 3 persons who shall be known as the
cemetery board of managers. Such managers shall hold their office for a
period of 2 years or until their successors are appointed. Such board of
managers may receive in trust from the proprietors or owners of any lot in
the cemetery, or any person interested in the maintenance of the cemetery,
any gift or legacy of any money or property,
either real, personal
or mixed, which may be donated to the board of managers for the use and
maintenance of the lot or cemetery. The board of managers may convert
property donated into money and invest the same in such manner as shall be
provided by ordinance of the city or village and apply the income therefrom
perpetually for the care of the cemetery lot or the care and maintenance of
the cemetery, as shall be specified in the gift or legacy and as
may be provided by ordinance of the city or village.
Every gift or legacy for any of the purposes
mentioned in this
section, made to a cemetery by its name, having a board of managers,
appointed as provided herein, shall vest in such board of managers and take
effect to all intents and purposes as if made to such board, and shall not
fail merely because such cemetery is not incorporated.
The board of managers shall, as soon as may be convenient after
appointment, meet and organize by selecting one of their number to be
president and another of their number to be clerk of such board, and also
to select a treasurer of such board, who may or may not be one of their
number. The treasurer, before entering upon his duties as such, shall
execute a bond to the People of the State of Illinois for the use of the
board of managers, in a penal sum not less than double the value of the
money or property coming into his hands as such treasurer, conditioned for
the faithful performance of his duties and for the faithful accounting for
all property which, by virtue of his office, comes into his possession.
The bond
shall be in such form and with such sureties as may be approved by the city
council or board of trustees appointing the board of managers, to be
approved and preserved in the same manner as is the bond of the treasurer
of such city or village.
The board treasurer shall have the custody of all money and property
received in trust by the board of managers, and shall pay out the same only
upon the written order of the board, signed by at least 2 of them, and he
shall keep permanent books of record of all such trust funds and of all
receipts and disbursements thereof, and for what purposes received and
disbursed. The treasurer shall annually make a written report to the
board of managers, under oath, showing balances, receipts and
disbursements, including a statement showing the amount and principal of
trust funds on hand and how invested. This report shall be audited by the
board, and if found correct, shall be transmitted to the city council or
board of trustees, at the same time that the treasurer of the city or
village is required by law to make his report, and shall be approved and
preserved in the same manner, if found to be correct.
The clerk of the board of managers shall keep, in a book provided for
such purpose, a permanent record of the proceedings of the board, signed by
the president and attested by the clerk, and shall also keep a permanent
record of the several trust funds, from what sources received, the amounts
thereof, and for what uses and purposes, respectively. The clerk shall
annually, at the time of transmitting the treasurer's report to the city
council or board of trustees, make a written report,
under oath, to the
city council or board of trustees, stating therein, substantially the same
matter required to be reported by the treasurer of the board. The clerk's
report, if found to be correct, shall be approved and preserved by the city
council or board of trustees. The city council or board of trustees shall
have the power to remove from office any or all of the board of managers or
the treasurer, for non-performance of duties or for misappropriation or
wrongful use of the funds or property, and to require a just and proper
accounting for the same.
(Source: P.A. 83-388.)
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65 ILCS 5/11-52.1-3
(65 ILCS 5/11-52.1-3) (from Ch. 24, par. 11-52.1-3)
Sec. 11-52.1-3.
Two or more cities, villages and townships may jointly
unite in establishing and maintaining cemeteries within and without their
territory or corporate limits, and acquire lands therefor in common, by
purchase, condemnation or otherwise, and may lay out lots of convenient
size for families, and may sell lots for family burying ground or to
individuals for burial purposes.
(Source: Laws 1963, p. 832.)
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65 ILCS 5/11-52.1-4
(65 ILCS 5/11-52.1-4) (from Ch. 24, par. 11-52.1-4)
Sec. 11-52.1-4.
Whenever any money or other property has been or may
hereafter be given or bequeathed to the board of managers of any
municipal cemetery owned or controlled by any city or village for the
purpose of maintaining any lot in the cemetery, or for the purpose of
maintaining the cemetery, as provided in this Division 52.1, the municipal
authorities may by ordinance provide for the appointment of any corporation
authorized to do trust business as trustee of such money or property, in
place of the treasurer of the board of managers. The corporate trustee so
appointed shall have the same powers, authority and duties with regard to
the administration of the trust funds as are provided herein for the
treasurer of the board of managers except that it shall not be required to
execute a bond and may charge for its services as trustee such amounts as
may be agreed upon from time to time with the municipal authorities. The
corporate trustee so appointed shall have the power to invest the trust
funds in any investment authorized by the law of Illinois as proper
fiduciary investments. The trustee, however, may retain any property given
or bequeathed to it in trust even though such property may not be a
legal investment under the laws of Illinois.
The board of managers may from time to time establish the minimum amount
which will be received by gift or legacy for the use and
maintenance of any lot in the cemetery, subject to the approval by the
municipal authorities.
(Source: P.A. 83-388.)
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65 ILCS 5/Art. 11 Div. 52.2
(65 ILCS 5/Art. 11 Div. 52.2 heading)
DIVISION 52.2.
PERPETUAL CEMETERY TRUSTS
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65 ILCS 5/11-52.2-1
(65 ILCS 5/11-52.2-1) (from Ch. 24, par. 11-52.2-1)
Sec. 11-52.2-1.
If the city council or board of trustees of any city,
incorporated town or village, having the management and control of any
public graveyard or public cemetery, elects to receive and hold money,
funds and property in perpetual trust pursuant to the provisions of this
Division 52.2, it shall provide by ordinance for the appointment of a board
of managers, of such public graveyard or cemetery, and prescribe the
duties, and the term of office of the members of the board. The board shall
consist of not less than 3 or more than 5 persons, and the term of office
of each of its members shall be not less than 3 or more than 5 years. The
members of the board shall be appointed by the mayor or president with the
advice and consent of the city council or board of trustees. The members of
the board of managers shall hold office for the term prescribed by the
ordinance and until their successors are appointed, and the ordinance shall
make provisions so that the term of office of all of the members of the
board shall not expire at the same time.
The board of managers, as soon as may be convenient after appointment,
shall meet and organize by selecting one of their number to be president
and another of their number to be clerk of such board and also to elect a
treasurer of such board, who may or may not be a member of the board, and
who before entering upon his duties as such shall execute a bond to the
People of the State of Illinois for the use of the board of managers in a
penal sum of not less than double the value of such money or funds coming
into his hands as such treasurer, conditioned for the faithful performance
of his duties and for the faithful accounting for all money or funds which
by virtue of his office comes into his possession, and to
be in such form and
with such securities as may be prescribed and approved by the city council
or board of trustees appointing the board of managers, to be approved and
preserved in the same manner as is the bond of the treasurer of such city,
incorporated town or village.
Any person may give, donate or bequeath any sum of money or any
funds, securities, or property of any kind to the board of managers, in
perpetual trust, for the maintenance, care, repair, upkeep or ornamentation
of such cemetery, or any lot or lots, or grave or graves in such cemetery,
specified in the instrument making such gift, donation or legacy.
The board of managers are hereby authorized and empowered to receive and
hold in perpetual trust, any such money, securities, funds and property so
given, donated or bequeathed to it in trust. The board of
managers shall have the right to convert the property into money, and shall
invest the proceeds thereof and the money so given, donated, and bequeathed
to it, in such manner as shall be provided by the ordinance. The principal
of such trust fund shall be kept intact, and perpetually invested, and the
income thereof, shall be perpetually applied for the purposes specified, in
the instrument making such gift, donation or legacy
and for no
other purpose.
The treasurer of the board shall have the custody of all money and
property received in trust by the board of managers and shall pay out the
same only upon the written order of the board, signed by the president and
clerk thereof. The treasurer shall keep permanent books of record of all
such trust funds and all receipts and disbursements thereof, and for what
purposes received and disbursed, and shall annually make a written report
to the board of managers, under oath, showing balances, receipts
and disbursements, including a statement showing the amount and principal
of trust funds on hand and how invested. The report shall be audited by the
board and if found correct, shall be transmitted to the city council or
board of trustees, at the same time that the treasurer of the city,
incorporated town, or village is required by law to make his report, and to
be approved and preserved in the same manner, if found to be correct.
The clerk of the board of managers shall keep, in a book provided for
such purposes, a permanent record of the proceedings of the board,
signed by the president and attested by the clerk, and shall also keep a
permanent record of the several trust funds from what sources received, the
amounts thereof, and for what uses and purposes, respectively. The
treasurer shall annually, at the time of transmitting the treasurer's
report to the city council or board of trustees, make a written report,
under oath, to the city council or board of trustees, stating therein,
substantially the same matter required to be reported by the treasurer of
the board. The report, if found correct, shall be approved and preserved by
the city council or board of trustees.
The city council or board of trustees shall have the power to remove
from office any or all of the board of managers or the treasurer for
non-performance of duties or for misappropriation or wrongful use of the
funds or property and to require a just and proper accounting for the same.
The board of managers shall have the care, charge, management, and
control of such cemetery, under the supervision of the city council or
board of trustees.
The trust funds, gifts and legacies mentioned
in this section
and the income arising therefrom shall be exempt from taxation, and from
the operation of all laws of mortmain and the laws against perpetuities and
accumulations.
Any such trust executed to cemetery by its name shall vest in the board
of managers and take effect to all intents and purposes as if executed to
such board.
(Source: P.A. 83-388.)
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