Indiana § 23-14-78-4 - Assuming maintenance responsibilities
Full text of Indiana Indiana Code § 23-14-78-4 — Assuming maintenance responsibilities, with citation guidance and answers to common questions.
§ 23-14-78-4. Assuming maintenance responsibilities
Sec. 4. (a) A county or a township may agree to maintain a cemetery to which this chapter applies. If a county or a township agrees to maintain a cemetery to which this chapter applies, it shall maintain the cemetery as described in IC 23-14-68-3. A county or a township that assumes the maintenance responsibilities for a cemetery under this section may seek reimbursement from the property owner for the costs of maintaining the cemetery.
(b) Prior to a county or township assuming the maintenance responsibilities for a cemetery under this section, a property owner must do the following:
(1) Employ a professional surveyor to conduct a survey of the property on which the cemetery is located.
(2) Convey to the county or township, without consideration, an easement or fee simple title to the portion of the property on which the cemetery is located.
(3) If the portion of the property on which the cemetery is located is not accessible by a public road, convey to the township or county, without consideration, an easement for access to the cemetery.
(c) A property owner who transfers the maintenance responsibilities for a cemetery under this section may not file an application for the property to receive the cemetery tax assessment rate under IC 6-1.1-6.8.
(d) A property owner must make a reasonable effort to maintain a cemetery on the property owner's property. For purposes of this subsection, a reasonable effort to maintain a cemetery means the maintenance responsibilities described in IC 23-14-68-3. However, a property owner is not required to construct a fence where there is not one unless the township or the county provides the supplies, labor, and other expenses for the construction.
(e) A property owner who fails to perform the maintenance responsibilities required under subsection (d) commits a Class C infraction if:
(1) the township or the county provides two (2) written notices to the property owner, at the property owner's address of record, stating that the property owner is not maintaining the cemetery as required and may be subject to a Class C infraction; and
(2) the property owner fails to maintain the cemetery as required by this chapter within thirty (30) days after the second notice provided under subdivision (1).
As added by P.L.102-2020, SEC.3.
Frequently Asked Questions About Indiana § 23-14-78-4
What does Indiana Code § 23-14-78-4 cover?
Section 23-14-78-4 ("Assuming maintenance responsibilities") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 23-14-78-4?
A common citation format is "Indiana Code § 23-14-78-4" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 23-14-78-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.