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Committee reviews bill to let cemeteries declare long‑abandoned plots reusable after search and notice

2784490 · March 26, 2025
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Summary

House Bill 523 would give cemetery administrators a statutory process to declare plots abandoned after lengthy searches for heirs and a 75‑year non‑use period; proponents said the measure protects cemetery operations and unlocks unused plots, while no opponents testified on the record.

House Bill 523 would create a mechanism allowing cemetery administrators to declare a burial plot abandoned after a 75‑year period without interment and without contact from the owner or heirs, subject to notice and due‑diligence requirements.

Proponent testimony

Sponsor Representative Bill Mercer introduced the bill and attorney Adrian Miller testified that the proposal fills a practical gap: many rural cemeteries hold plots for which heirs cannot be located. Miller described due‑diligence steps in the draft — notice requirements and an affidavit process — intended to mitigate liability and to allow cemetery boards to recover and reuse long‑unclaimed plots.

Why it matters

Proponents said the bill would allow cemetery administrators to resolve title uncertainty for long‑inactive plots, permit reuse where appropriate, and provide a lawful path that includes attempts to find heirs and a record‑keeping affidavit. Miller described multiple unsuccessful attempts to locate heirs of homesteaders and said the bill would preserve local cemetery operations and increase available plots for families who need them.

No recorded opposition or committee vote

No opponents spoke in the hearing transcript and no informational witnesses were recorded. Committee members asked clarifying questions about timing and the 75‑year threshold; no vote was recorded in the transcript.