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| Public Act 093-0772 |
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AN ACT in relation to property.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Cemetery Protection Act is amended by | ||||
changing Section 16 and by adding Section 14.5 as
follows:
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(765 ILCS 835/14.5 new)
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Sec. 14.5. Correction of encroachment on interment, | ||||
entombment, or
inurnment rights.
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(a) Whenever a cemetery becomes aware that there is an
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encroachment on or in the lawful interment, inurnment, or | ||||
entombment
rights of another, and when the cemetery buried or | ||||
placed or permitted the
burial or placement of the encroaching | ||||
item in or on these rights, the
cemetery may correct the | ||||
encroachment in accordance with this Section.
This Section | ||||
shall not apply to, or be utilized in connection with, any
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eminent domain, quick-take, or other condemnation proceeding | ||||
that is designed
to relocate a cemetery or portion thereof to | ||||
another location.
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(b) When the encroaching item is a marker, monument or | ||||
memorial
that should be placed on or in another interment,
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inurnment, or entombment right located within the cemetery, or | ||||
when the
item is the foundation or base for any of the | ||||
foregoing, the cemetery may
with reasonable promptness, and | ||||
without being required to obtain any
permit, relocate the item | ||||
to its proper place. Notice of the corrective action
shall be | ||||
given no later than 30 days following the correction in | ||||
accordance
with subsection (d) of this Section.
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(c) When the encroaching item is a vault, casket, urn, | ||||
outer burial
container,
or human remains that should be placed | ||||
in or on another interment,
inurnment, or entombment right | ||||
located within the cemetery, the cemetery
may with reasonable | ||||
promptness, and without being required to obtain any
permit, | ||||
relocate the item to its proper place. Except as otherwise | ||
provided in
this subsection, notice of the corrective action | ||
shall be given no later than
30
days prior to the correction in | ||
accordance with subsection (d) of this Section.
When the | ||
involved encroachment would, if uncorrected within 30 days,
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interfere with a scheduled interment, inurnment, or | ||
entombment, then the
notice shall be given in accordance with | ||
subsection (d) of this Section with as
much advance notice as | ||
reasonably possible or, if advance notice is not
reasonably | ||
possible, no later than 30 days following the correction. In | ||
the
event the correction is to occur in a religious cemetery | ||
that, for religious
reasons, maintains rules that preclude | ||
advance notice of corrections, the
notice shall occur no later | ||
than 30 days following the correction.
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(d) Notice under this Section shall be by certified mail or | ||
other
delivery method that has a confirmation procedure, in | ||
12-point type, to the
owner of any affected interment, | ||
inurnment, or entombment right or, when
the owner is deceased, | ||
to the surviving spouse of the deceased, or if none,
any | ||
surviving children of the deceased, or if no surviving spouse | ||
or children,
a parent, brother, or sister of the deceased, or, | ||
if failing all of the above,
any
other listed heir of the | ||
deceased in the cemetery records. In providing
notice, the | ||
cemetery authority shall exercise due diligence to engage in a
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reasonable search of available funeral home of record or | ||
cemetery records to
obtain the current address of the party to | ||
be notified. The notice shall
provide a clear statement of the | ||
correction taken or to be taken,
together with the reasons for | ||
the correction, and shall outline a simple
process for the | ||
notified person to obtain additional information regarding the
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correction from the cemetery. When advance notice is required, | ||
the notice
shall inform the notified party of his or her right | ||
to be present for any
reinterment, reinurnment, or | ||
reentombment, as well as his or her option to
object by | ||
obtaining an injunction enjoining the contemplated correction.
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The cemetery shall maintain for no less than 5 years a record | ||
of any notice
provided under this Section.
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(e) Nothing in this Section shall make a cemetery | ||
financially
responsible for the correction of encroachments | ||
that are directly or indirectly
caused by the owner of an | ||
interment, inurnment, or entombment right or by
his or her | ||
heirs or by an act of God, war, or vandalism. The cemetery | ||
shall
be financially responsible for the correction of all | ||
other encroachments
covered by this Section.
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(f) Nothing in this Section shall be construed to limit the | ||
liability of
any party.
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(765 ILCS 835/16)
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Sec. 16. When a multiple interment right owner becomes | ||
deceased, the
ownership of any
unused rights of interment shall | ||
pass in accordance with the specific bequest
in the decedent's | ||
will. If there is no will or specific bequest then the
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ownership and use
of the unused rights of interment shall be | ||
determined by a cemetery authority
in
accordance with the | ||
information set out on a standard affidavit for cemetery
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interment rights use form if such a form has been prepared. The | ||
unused right
of interment shall be
used for the interment of | ||
the first
deceased heir listed on the standard affidavit and | ||
continue in sequence until
all listed heirs are deceased. In | ||
the event that an interment right is not
used,
the interment | ||
right shall pass to the heirs of the heirs of the deceased
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interment right owner in perpetuity. This shall not preclude | ||
the ability of
the heirs to sell said interment rights, in the | ||
event that all listed living
heirs are in agreement. If the | ||
standard affidavit for cemetery interment
rights use, showing | ||
heirship of decedent
interment right owner's living heirs is | ||
provided to and followed by a cemetery
authority, the
cemetery | ||
authority shall be released of any liability in relying on that
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affidavit.
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The following is the form of the standard affidavit:
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STATE OF ILLINOIS )
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) SS
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COUNTY OF ....................)
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AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
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I, .............., being first duly sworn on oath depose and | ||
say that:
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1. A. My place of residence is ........................
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B. My post office address is .......................
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C. I understand that I am providing the information | ||
contained in this
affidavit to the ............ | ||
("Cemetery") and the Cemetery shall, in the
absence of | ||
directions to the contrary in my will, rely on this | ||
information to
allow the listed individuals to be interred | ||
in any unused interment rights in
the order of their death.
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D. I understand that, if I am an out-of-state resident, | ||
I submit
myself to the jurisdiction of Illinois courts for | ||
all matters related to the
preparation and use of this | ||
affidavit. My agent for service of process in
Illinois is:
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Name ................. Address .....................
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City ................. Telephone ...................
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Items 2 through 6 must be completed by the executor of the | ||
decedent's
estate, a personal representative, owner's | ||
surviving spouse, or surviving
heir.
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2. The decedent's name is ..............................
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3. The date of decedent's death was ....................
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4. The decedent's place of residence immediately before
his | ||
or her death was ........................................
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5. My relationship to the decedent is .................. | ||
and I am
authorized to sign and file this affidavit.
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6. At the time of death, the decedent (had no) (had a) | ||
surviving spouse.
The name of the surviving spouse, if any, is | ||
....................., and
he or she (has) (has not) remarried.
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7. The following is a list of the cemetery interment rights
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that may be used by the heirs if the owner is deceased:
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.............................................................
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.............................................................
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8. The following persons have an ownership interest in and | ||
the
a
right to use the cemetery interment rights
in the order | ||
of their death:
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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9. This affidavit is made for the purpose of obtaining the | ||
consent of the
undersigned to transfer the right of interment | ||
at the above mentioned cemetery
property to the listed heirs. | ||
Affiants agree that they will save, hold
harmless, and | ||
indemnify Cemetery, its heirs, successors, employees, and
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assigns, from all claims, loss, or damage whatsoever that may | ||
result from
relying on this affidavit to record said transfer | ||
in its records and allow
interments on the basis of the | ||
information contained in this affidavit.
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WHEREFORE affiant requests Cemetery to recognize the above | ||
named
heirs-at-law as those rightfully entitled to the | ||
ownership of and use of
said interment
(spaces) (space).
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THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
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(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | ||
PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
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Dated this ........ day of .............., .....
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................... (Seal) (To be signed by the owner or | ||
the individual who
completes items 2 through 6 above.)
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Subscribed and sworn to before me, a Notary Public in and for | ||
the County and
State of .............. aforesaid
this ........ | ||
day of ..............., .....
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............................ Notary Public.
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(Source: P.A. 92-419, eff. 1-1-02.)
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