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17-1367. Same; dissolution of certain cemetery corporations; liens declared void on and after January 1, 2003; transfer of property and moneys. Whenever the attorney general determines the existence of an abandoned cemetery in this state, the attorney general shall immediately proceed to dissolve the cemetery corporation owning the same. Upon the dissolution of such corporation, title to all property owned by the cemetery corporation shall vest in the municipality in which the cemetery is located, and any liens, perfected or unperfected, against such property shall be immediately quashed, null and void and unenforceable on and after January 1, 2003, and the permanent maintenance fund, together with all investments then outstanding, and all books, records and papers of such corporation shall be transferred to the treasurer of such municipality and shall become the property thereof. Upon the transfer of such property and funds, the governing body of such municipality shall care for and maintain such cemetery with any moneys of the cemetery corporation including the principal of and income from the permanent maintenance fund and, if such moneys are insufficient to properly maintain such cemetery, with funds of the municipality. The principal of and income from the permanent maintenance fund may be deposited in any appropriate fund of the municipality or may be invested in the manner provided in K.S.A. 17-1311, and amendments thereto, but shall be used exclusively for care and maintenance of such cemetery.

History: L. 1979, ch. 62, § 2; L. 2008, ch. 163, § 15; May 29.

Law Review and Bar Journal References:

"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).

Attorney General's Opinions:

Cemeteries; responsibility of municipality to maintain abandoned cemeteries. 81-183.

Power of city to acquire cemetery and adjoining land. 82-102.

Abandoned or uncared-for cemeteries; tax levy. 94-50.

Cemetery corporation must be the owner of abandoned cemetery to initiate a proceeding under the cemetery corporations act. 2018-6.

CASE ANNOTATIONS

1. Statute does not effect compensable taking of private property in violation of 5 th and 14 th amendments to U.S. Constitution. State ex rel. Stephan v. Lane, 228 Kan. 379, 381, 614 P.2d 987.

2. The 2008 amendment, which retroactively invalidated valid judgment liens on abandoned cemetery, was unconstitutionally applied to defeat preexisting lien rights. State ex rel. Six v. Mike W. Graham & Assocs., 42 Kan. App. 2d 1030, 220 P.3d 1105 (2009).


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