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306.025, 2009 Minnesota Statutes Page 1 of 1
<br />2009 Minnesota Statutes
<br />306.025 TRANSFER OF CEMETERY TO LOCAL GOVERNMENT UNIT.
<br />Subdivision 1. Acceptance. A public cemetery association owning a cemetery may transfer it to a
<br />statutory or home rule charter city, town, or county in which the cemetery is wholly or partly located,
<br />together with all the funds and property of the association, whether the funds are of a trust character or
<br />otherwise. The statutory or home rule charter city, town, or county in which the cemetery is wholly or
<br />partly located may accept a transfer of the cemetery and of its property and funds, and may continue to
<br />operate, maintain, manage, and conduct the cemetery, and to sell lots and provide for the burial of the
<br />dead in the cemetery. Funds received from the cemetery association upon transfer shall be administered
<br />by the statutory or home rule charter city, town, or county for the same purposes and upon the same trusts
<br />for which they were originally established.
<br />Subd. 2. Transfer, how made. To accomplish a transfer, the board of trustees of the cemetery
<br />association shall first adopt a resolution to that effect by a unanimous vote of the members of the board of
<br />trustees, after which the chair or president of the board of trustees and the secretary are authorized to
<br />execute the proper instruments to evidence the transfer. However, the transfer must first have been
<br />authorized by a majority vote of all the members of the association at a regular or special meeting called
<br />for that express purpose.
<br />Subd. 3. Local government unit to accept by resolution. Before the transfer is made, the
<br />governing body of the statutory or home rule charter city, town, or county in which the cemetery is
<br />wholly or partly located shall first adopt a resolution agreeing to accept the transfer of the property and
<br />funds of the association, and agree to continue to operate, maintain, manage, conduct, and control the
<br />cemetery, to sell lots in it, and to administer its funds for the same purposes and upon the same trusts for
<br />which they were originally established.
<br />Subd. 4. Trust fund for perpetual care. If a trust fund for the perpetual care of cemetery lots is
<br />transferred to a statutory or home rule charter city, town, or county under this section, then the fund must
<br />be preserved and kept and used and administered for the same purposes and upon the same trusts as if the
<br />transfer had not been made. Lots for which payment in full for perpetual care has been made to the
<br />cemetery association are entitled to receive perpetual care, and the statutory or home rule charter city,
<br />town, or county shall provide it.
<br />Subd. 5. Rights of lot owners. After transfer, lot owners are entitled to the same rights and
<br />privileges concerning their lots as if the transfer had not been made.
<br />Subd. 6. Maintenance. After the transfer has been made and accepted by the statutory or home rule
<br />charter city, town, or county, the governing body of the statutory or home rule charter city, town, or
<br />county shall operate, maintain, conduct, control, and manage the transferred cemetery. For that purpose it
<br />may appoint a committee of the governing body.
<br />Subd. 7. Rules. The governing body of the statutory or home rule charter city, town, or county may
<br />adopt rules and regulations to conduct, manage, maintain, and operate the cemetery, but the rules may not
<br />infringe upon the rights of persons who were lot owners at the time the transfer was made.
<br />History: 1945 c 188; 1973 c 123 art 5 s 7; 1986 c 444; 1988 c 469 art 5 s 1; 1996 c 413 s 3
<br />https://www.revisor.mn.gov/statutes/?id=306.025 05/03/2010
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