K.S.A. § 17-1302

Cemetery lots; disposition

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

17-1302. Cemetery lots; disposition. Such corporations shall have power to convey, by deed or otherwise, any lot or lots of the cemetery for purposes of sepulture. When such lots shall have been surveyed and platted, the survey and plat shall be recorded in the office of the register of deeds of the county wherein the same are situated. No lots shall be sold or disposed of until such plat shall have been recorded.

Every lot sold and conveyed in such cemetery shall be held by the proprietor, for the purpose of sepulture only, and shall not be subject to attachment or execution: Provided, That where such corporation has agreed to convey a certain lot or lots to a purchaser, and such purchaser has failed for a period of one year following the date of such agreement to pay the purchase price therefor, such agreement, at the option and election of the cemetery corporation, shall be and remain canceled, void, and of no effect: Provided further, That if within the said period of one year the purchaser shall cause any dead person to be buried upon said lot, or lots, so agreed to be sold, that portion of said lot or lots actually occupied by the said grave of such dead person so buried shall not be sold by such cemetery corporation to any other person, or persons; but, if the purchaser shall voluntarily remove or cause to be removed the dead person so buried in such grave, such corporation may convey, sell and dispose of such grave described to any other person or persons.

History: G.S. 1868, ch. 23, § 125; L. 1913, ch. 143, § 1; R.S. 1923, 17-1302; L. 1970, ch. 84, § 1; July 1.

Notes of Decisions

Cited in 6 cases, 1978–2009 · leading case: Lower v. Board of Dir. of Haskell County Cemetery Dist.

Sort: Relevance Newest Treatment

Lower v. Board of Dir. of Haskell County Cemetery Dist. (2002) kan · cites it 14× “12-1441(a) and (b) and K.S.A. 17-1302. “9. This Court has treated the Motions and responsive Pleadings filed including the arguments of this date as a Motion for Summary Judgment.”

Brock v. Richmond-Berea Cemetery District (1998) kan · cites it 2× “K.S.A. 17-1302 et seq. A cemetery district that engages in an activity of a business nature generally *627 performed by individuals or private corporations acts as a private corporation and not in its sovereign capacity.”

State Ex Rel. Stephan v. Lane (1980) kan “) In Kansas to this day, cemetery property remains exempt from taxation. K.S.A. 79-201c Third. All lots and tracts of land contained within the boundaries of a cemetery platted by a cemetery corporation are dedicated exclusively for burial purposes and cannot be used for any…”

Connolly v. Frobenius (1978) kanctapp · cites it 2× “(K.S.A. 17-1302, et seq. [Weeks 1969]; Earhart v.”

Johnson County Memorial Gardens, Inc. v. City of Overland Park (1986) kan “In Kansas, the construction and maintenance of cemeteries, and the organization of cemetery corporations, are extensively regulated by statute.”

State Ex Rel. Six v. Mike W. Graham & Associates, LLC (2009) kanctapp “But this argument exaggerates the exposure of such property to Heinsohn’s lien; tire cemetery property devoted to burial lots for purposes of sepulture, including those sold and conveyed although not yet occupied, is clearly exempt from attachment or execution under K.S.A.…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.