Kansas Statutes Annotated

K.S.A. § 12-1441 (2026)

Prevention of unintended cemetery uses by cities or counties; definitions

✓ current as of May 2026

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12-1441. Prevention of unintended cemetery uses by cities or counties; definitions. (a) The governing body of any city or county which has established, acquired or otherwise assumed control of any cemetery or burial grounds shall prevent such cemetery or burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment or amusement, public parks, athletic fields, parking grounds or any purpose other than for burial or other intended cemetery purposes.

(b) The fact that any tract of land has been set apart for burial purposes and that a part or all of such tract has been used for burial purposes shall be evidence that such grounds were set aside and used for burial purposes regardless of whether graves are visible on any part of the grounds. For the purposes of this act, the terms "cemetery" and "burial grounds" shall mean parcels of land set aside and used for the interment of human bodies.

History: L. 1977, ch. 50, § 1; July 1.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002).

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Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002). · cites it 11× “’ ” On September 21, 2000, the Cemetery Board filed an amended answer and counterclaim asking for injunctive and declaratory relief on the grounds that K.S.A. 12-1441 proscribes certain uses of cemetery grounds, and that under K.”

— K.S.A. § 12-1441(a) — 1 case

Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002). “’ ” On September 21, 2000, the Cemetery Board filed an amended answer and counterclaim asking for injunctive and declaratory relief on the grounds that K.S.A. 12-1441 proscribes certain uses of cemetery grounds, and that under K.”

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