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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0264
Introduced 1/18/2005, by Rep. Jim Watson SYNOPSIS AS INTRODUCED:
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765 ILCS 835/9 |
from Ch. 21, par. 21.2 |
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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.
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A BILL FOR
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HB0264 |
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LRB094 06182 LCB 36249 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.
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