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Bill would let cemetery boards declare plots abandoned after 75 years if heirs cannot be found
Summary
House Bill 523 would allow cemetery administrators who cannot locate heirs after 75 years and required due‑diligence notice to determine a plot abandoned and make it available, subject to affidavit and notice requirements the bill spells out.
Representative Bill Mercer presented House Bill 523, which targets rural Montana situations in which historic cemetery plots (often purchased in the late 1800s or early 1900s) remain unavailable for reuse because heirs cannot be located. HB 523 would allow cemetery administrators, following a due‑diligence process including notice requirements and an affidavit, to conclude a lot is abandoned if it has not been used for interment and there has been no contact with owners or heirs for 75 years.
Adrienne Miller, an attorney and native of Fort Benton, testified as a proponent describing cases where small towns lack a practical way to determine abandonment and reclaim or reallocate plots for current community needs. She emphasized the bill still requires due diligence and notice before administrators may take action.
No opponents or informational witnesses appeared in the hearing record for this bill during the transcript excerpt. Committee questions were minimal and the sponsor closed without amendment in the recorded session.
