Judges: WRITTEN BY: Robert M. Spire, Attorney General Fredrick F. Neid, Assistant Attorney General
Filed Date: 2/10/1989
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Senator Dennis Baack Nebraska State Legislature
"Is LB 633 needed in order for such cemeteries to obtain title to unused gravesites or are the current provisions in Section
Amendment of Neb.Rev.Stat.
This is in response to your request for an opinion of this office concerning reclamation of burial lots. Your specific inquiry is whether Neb.Rev.Stat.
You have indicated that the proposed bill (LB 633) addresses those cemeteries which are financed by a tax levy, levy no fees or assessments, and charge only for sale of lots and openings.
Neb.Rev.Stat.
It is appropriate to point out that changing the statute to authorize reclamation of burial lots for "non-use" would significantly change the nature of ownership of burial lots. The amendments to Neb.Rev.Stat. 19-738 (Reissue 1987) as set forth in LB 633, in essence, means that cemetery lots would be sold for a "term of ten years" since lots would be subject to reclamation for "non-use" after a period of ten years.
Sincerely,
ROBERT M. SPIRE Attorney General
Fredrick F. Neid Assistant Attorney General 21-01-14