Printable Format17-1366. Maintenance of abandoned cemeteries; definitions. As used in this act:
(a) "Abandoned cemetery" means:
(1) Any cemetery owned by a corporation, as defined in K.S.A. 17-1312f, and amendments thereto, in which, for a period of at least one year, there has been a failure to cut grass or weeds or care for graves, grave markers, walls, fences, driveways and buildings; or
(2) any cemetery owned by a corporation, as defined in K.S.A. 17-1312f, and amendments thereto, in which for a period of 180 days, proper records have not been maintained and annual or quarterly reports have not been made to the secretary of state, pursuant to the provisions of K.S.A. 17-1312a et seq., and amendments thereto.
(b) "Municipality" means the cemetery district in which all or any portion of an abandoned cemetery is located. If no portion of such cemetery is located within a cemetery district, the term shall mean the city in which all or any portion of an abandoned cemetery is located unless such cemetery is not within the corporate limits of a city, in which case such term shall mean the county in which such cemetery is located.
History: L. 1979, ch. 62, § 1; L. 2011, ch. 78, § 23; L. 2014, ch. 118, § 8; July 1.
Law Review and Bar Journal References:
"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).
Attorney General's Opinions:
Cemeteries; responsibility of municipality to maintain abandoned cemeteries. 81-183.
Abandoned or uncared-for cemeteries; tax levy. 94-50.
Unmarked burial site distinguished with cemetery. 95-88.
CASE ANNOTATIONS
1. Statute does not effect compensable taking of private property in violation of 5 th and 14 th amendments to U.S. Constitution. State ex rel. Stephan v. Lane, 228 Kan. 379, 614 P.2d 987.