Recovery of Abandoned Minnesota Cemetery Lots – Non-Judicial Private Action

Recovery of Abandoned Minnesota Cemetery Lots - Non-Judicial Private Action

Recovery of Abandoned Minnesota Cemetery Lots –

Non-Judicial Private Action

 

Minnesota Public Cemetery Associations – Recovery of Abandoned Minnesota Cemetery Lots – Non-Judicial Private Action

Minnesota public cemetery associations have two statutory procedures which may be used to recover legal title to abandoned cemetery lots:

  1. A quiet title judicial action – pursuant to M.S. Section 306.21 through M.S. Section 306.241; and
  2. A non-judicial private action – pursuant to M.S. Section 306.242.

The quiet title judicial action offers special procedures with respect to Minnesota cemetery lots which were sold before 1925.

Minnesota Private Cemeteries – Recovery of Abandoned Minnesota Cemetery Lots – Non-Judicial Private Action

The only statutory procedure available to Minnesota private cemeteries to recover legal title to abandoned cemetery lots is the quiet title judicial action pursuant to M.S. Section 306.21 through M.S. Section 306.241.

Such statutes – even though located in that chapter of the Minnesota statutes generally applicable to public cemetery associations – are applicable to Minnesota private cemeteries pursuant to specific statutory authority identified in M.S. Section 307.11.

Recovery of Abandoned Minnesota Cemetery Lots – Non-Judicial Private Action

(i)      No Burial in the Cemetery Lot for More than 60 years

M.S. Section 306.242, Subd. 1 identifies the requirements for the recovery of legal title to abandoned cemetery lots in a non-judicial private action – which is an alternative legal procedure available to Minnesota public cemetery associations, but not to private cemeteries – when:

  • a cemetery plot had been conveyed by a deed of conveyance to an Owner, but
  • the cemetery plot has not been used for burial purposes for more than 60 years.

(ii)     Governing Board Resolution

M.S. Section 306.242, Subd. 2 identifies that in order for a Minnesota public cemetery association to be able to take advantage of the recovery of abandoned Minnesota cemetery lots – Non-Judicial Private Action procedure, the governing board of the cemetery association must:

. . . pass a resolution demanding that the owner of part of a cemetery that has been unused for more than 60 years express an interest in the cemetery plot.

(iii)    Contents of the Governing Board Resolution

M.S. Section 306.242, Subd. 2 also identifies that the required resolution of the governing board of the cemetery association shall notify the Owner that the Owner must – within 60 days of service of the resolution on the Owner:

  • express an interest in retaining the cemetery plot, and
  • submit satisfactory evidence of an intention to use the plot for a future burial.

(iv)    Personal Service of the Governing Board Resolution

M.S. Section 306.242, Subd. 2 further identifies that in order for the public cemetery association to be able to take advantage of the recovery of abandoned Minnesota cemetery lots – Non-Judicial Private Action procedure, the governing board of the cemetery association must:

. . . personally serve a copy of its resolution on the owner in the same manner as personal service of process in a civil action.

Service in a civil action is generally accomplished by:

  • personal delivery of legal papers by a non-party to the party named as a defendant in the civil action, and
  • filing with the court an Affidavit of Service identifying that the plaintiff has satisfied the personal delivery requirements.

(v)     Service of the Governing Board Resolution by Publication and Mailing

M.S. Section 306.242, Subd. 3 identifies that if the Owner cannot be personally served with the resolution of the governing board of the cemetery association – as required by M.S. Section 306.242, Subd. 2 – because:

  • the Owner cannot be found in this state, or
  • for another “valid reason”,

the governing board of the cemetery association shall:

  • publish its resolution for three successive weeks in a legal newspaper published in the county, and
  • mail a copy of the resolution within 14 days after the third publication to the Owner’s last known address.

(vi)    Termination of the Owner’s Rights in the Cemetery Lot

M.S. Section 306.242, Subd. 4 identifies that:

If for 60 days after the personal service or publication of the board’s resolution

the owner or person with a legal interest in the cemetery plot fails to state a valid interest in the use of the cemetery plot for burial purposes,

  • the owner’s rights are terminated and

  • that part of the cemetery again belongs to the cemetery association.

Conclusion:

Recovery of Abandoned Minnesota Cemetery Lots –

Non-Judicial Private Action

Please contact Gary C. Dahle – Attorney at Law, for assistance with the recovery of any abandoned Minnesota cemetery lots – non-judicial private action.

Copyright 2018 – All Rights Reserved

No claim to the text of statutory provisions, administrative documents, or judicial decisions.

Gary C. Dahle – Attorney at Law

Minnesota Probate and Cemetery Law Attorney

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390    Fax: 763-780-1735

gary@dahlelaw.com

Topics of Interest:

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota cemeteries involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with legal counsel.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota, or North Dakota, should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web site of Gary C. Dahle, Attorney at Law – https://dahlelawcemeteries.com – or www.dahlelawcemeteries.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://dahlelawcemeteries.com – or www.dahlelawcemeteries.com does not constitute legal advice, or the establishment of an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk.

Gary C. Dahle, Attorney at Law, provides the https://dahlelawcemeteries.com – or www.dahlelawcemeteries.com web sites and their content on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, completeness, or the current nature of the information.