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1 | AN ACT in relation to property.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Cemetery Protection Act is amended by | ||||||
5 | changing Section 16 and by adding Section 14.5 as
follows:
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6 | (765 ILCS 835/14.5 new)
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7 | Sec. 14.5. Correction of encroachment on interment, | ||||||
8 | entombment, or
inurnment rights.
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9 | (a) Whenever a cemetery becomes aware that there is an
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10 | encroachment on or in the lawful interment, inurnment, or | ||||||
11 | entombment
rights of another, and when the cemetery buried or | ||||||
12 | placed or permitted the
burial or placement of the encroaching | ||||||
13 | item in or on these rights, the
cemetery may correct the | ||||||
14 | encroachment in accordance with this Section.
This Section | ||||||
15 | shall not apply to, or be utilized in connection with, any
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16 | eminent domain, quick-take, or other condemnation proceeding | ||||||
17 | that is designed
to relocate a cemetery or portion thereof to | ||||||
18 | another location.
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19 | (b) When the encroaching item is a marker, monument or | ||||||
20 | memorial
that should be placed on or in another interment,
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21 | inurnment, or entombment right located within the cemetery, or | ||||||
22 | when the
item is the foundation or base for any of the | ||||||
23 | foregoing, the cemetery may
with reasonable promptness, and | ||||||
24 | without being required to obtain any
permit, relocate the item | ||||||
25 | to its proper place. Notice of the corrective action
shall be | ||||||
26 | given no later than 30 days following the correction in | ||||||
27 | accordance
with subsection (d) of this Section.
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28 | (c) When the encroaching item is a vault, casket, urn, | ||||||
29 | outer burial
container,
or human remains that should be placed | ||||||
30 | in or on another interment,
inurnment, or entombment right | ||||||
31 | located within the cemetery, the cemetery
may with reasonable | ||||||
32 | promptness, and without being required to obtain any
permit, |
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1 | relocate the item to its proper place. Except as otherwise | ||||||
2 | provided in
this subsection, notice of the corrective action | ||||||
3 | shall be given no later than
30
days prior to the correction in | ||||||
4 | accordance with subsection (d) of this Section.
When the | ||||||
5 | involved encroachment would, if uncorrected within 30 days,
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6 | interfere with a scheduled interment, inurnment, or | ||||||
7 | entombment, then the
notice shall be given in accordance with | ||||||
8 | subsection (d) of this Section with as
much advance notice as | ||||||
9 | reasonably possible or, if advance notice is not
reasonably | ||||||
10 | possible, no later than 30 days following the correction. In | ||||||
11 | the
event the correction is to occur in a religious cemetery | ||||||
12 | that, for religious
reasons, maintains rules that preclude | ||||||
13 | advance notice of corrections, the
notice shall occur no later | ||||||
14 | than 30 days following the correction.
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15 | (d) Notice under this Section shall be by certified mail or | ||||||
16 | other
delivery method that has a confirmation procedure, in | ||||||
17 | 12-point type, to the
owner of any affected interment, | ||||||
18 | inurnment, or entombment right or, when
the owner is deceased, | ||||||
19 | to the surviving spouse of the deceased, or if none,
any | ||||||
20 | surviving children of the deceased, or if no surviving spouse | ||||||
21 | or children,
a parent, brother, or sister of the deceased, or, | ||||||
22 | if failing all of the above,
any
other listed heir of the | ||||||
23 | deceased in the cemetery records. In providing
notice, the | ||||||
24 | cemetery authority shall exercise due diligence to engage in a
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25 | reasonable search of available funeral home of record or | ||||||
26 | cemetery records to
obtain the current address of the party to | ||||||
27 | be notified. The notice shall
provide a clear statement of the | ||||||
28 | correction taken or to be taken,
together with the reasons for | ||||||
29 | the correction, and shall outline a simple
process for the | ||||||
30 | notified person to obtain additional information regarding the
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31 | correction from the cemetery. When advance notice is required, | ||||||
32 | the notice
shall inform the notified party of his or her right | ||||||
33 | to be present for any
reinterment, reinurnment, or | ||||||
34 | reentombment, as well as his or her option to
object by | ||||||
35 | obtaining an injunction enjoining the contemplated correction.
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36 | The cemetery shall maintain for no less than 5 years a record |
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1 | of any notice
provided under this Section.
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2 | (e) Nothing in this Section shall make a cemetery | ||||||
3 | financially
responsible for the correction of encroachments | ||||||
4 | that are directly or indirectly
caused by the owner of an | ||||||
5 | interment, inurnment, or entombment right or by
his or her | ||||||
6 | heirs or by an act of God, war, or vandalism. The cemetery | ||||||
7 | shall
be financially responsible for the correction of all | ||||||
8 | other encroachments
covered by this Section.
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9 | (f) Nothing in this Section shall be construed to limit the | ||||||
10 | liability of
any party.
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11 | (765 ILCS 835/16)
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12 | Sec. 16. When a multiple interment right owner becomes | ||||||
13 | deceased, the
ownership of any
unused rights of interment shall | ||||||
14 | pass in accordance with the specific bequest
in the decedent's | ||||||
15 | will. If there is no will or specific bequest then the
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16 | ownership and use
of the unused rights of interment shall be | ||||||
17 | determined by a cemetery authority
in
accordance with the | ||||||
18 | information set out on a standard affidavit for cemetery
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19 | interment rights use form if such a form has been prepared. The | ||||||
20 | unused right
of interment shall be
used for the interment of | ||||||
21 | the first
deceased heir listed on the standard affidavit and | ||||||
22 | continue in sequence until
all listed heirs are deceased. In | ||||||
23 | the event that an interment right is not
used,
the interment | ||||||
24 | right shall pass to the heirs of the heirs of the deceased
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25 | interment right owner in perpetuity. This shall not preclude | ||||||
26 | the ability of
the heirs to sell said interment rights, in the | ||||||
27 | event that all listed living
heirs are in agreement. If the | ||||||
28 | standard affidavit for cemetery interment
rights use, showing | ||||||
29 | heirship of decedent
interment right owner's living heirs is | ||||||
30 | provided to and followed by a cemetery
authority, the
cemetery | ||||||
31 | authority shall be released of any liability in relying on that
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32 | affidavit.
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33 | The following is the form of the standard affidavit:
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34 | STATE OF ILLINOIS )
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1 | ) SS
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2 | COUNTY OF ....................)
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3 | AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
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4 | I, .............., being first duly sworn on oath depose and | ||||||
5 | say that:
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6 | 1. A. My place of residence is ........................
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7 | B. My post office address is .......................
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8 | C. I understand that I am providing the information | ||||||
9 | contained in this
affidavit to the ............ | ||||||
10 | ("Cemetery") and the Cemetery shall, in the
absence of | ||||||
11 | directions to the contrary in my will, rely on this | ||||||
12 | information to
allow the listed individuals to be interred | ||||||
13 | in any unused interment rights in
the order of their death.
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14 | D. I understand that, if I am an out-of-state resident, | ||||||
15 | I submit
myself to the jurisdiction of Illinois courts for | ||||||
16 | all matters related to the
preparation and use of this | ||||||
17 | affidavit. My agent for service of process in
Illinois is:
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18 | Name ................. Address .....................
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19 | City ................. Telephone ...................
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20 | Items 2 through 6 must be completed by the executor of the | ||||||
21 | decedent's
estate, a personal representative, owner's | ||||||
22 | surviving spouse, or surviving
heir.
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23 | 2. The decedent's name is ..............................
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24 | 3. The date of decedent's death was ....................
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25 | 4. The decedent's place of residence immediately before
his | ||||||
26 | or her death was ........................................
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27 | 5. My relationship to the decedent is .................. | ||||||
28 | and I am
authorized to sign and file this affidavit.
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29 | 6. At the time of death, the decedent (had no) (had a) | ||||||
30 | surviving spouse.
The name of the surviving spouse, if any, is | ||||||
31 | ....................., and
he or she (has) (has not) remarried.
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32 | 7. The following is a list of the cemetery interment rights
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33 | that may be used by the heirs if the owner is deceased:
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34 | .............................................................
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1 | .............................................................
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2 | 8. The following persons have an ownership interest in and | ||||||
3 | the
a
right to use the cemetery interment rights
in the order | ||||||
4 | of their death:
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5 | .......................... Address ..........................
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6 | .......................... Address ..........................
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7 | .......................... Address ..........................
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8 | .......................... Address ..........................
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9 | .......................... Address ..........................
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10 | .......................... Address ..........................
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11 | .......................... Address ..........................
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12 | 9. This affidavit is made for the purpose of obtaining the | ||||||
13 | consent of the
undersigned to transfer the right of interment | ||||||
14 | at the above mentioned cemetery
property to the listed heirs. | ||||||
15 | Affiants agree that they will save, hold
harmless, and | ||||||
16 | indemnify Cemetery, its heirs, successors, employees, and
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17 | assigns, from all claims, loss, or damage whatsoever that may | ||||||
18 | result from
relying on this affidavit to record said transfer | ||||||
19 | in its records and allow
interments on the basis of the | ||||||
20 | information contained in this affidavit.
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21 | WHEREFORE affiant requests Cemetery to recognize the above | ||||||
22 | named
heirs-at-law as those rightfully entitled to the | ||||||
23 | ownership of and use of
said interment
(spaces) (space).
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24 | THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
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25 | (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | ||||||
26 | PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
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27 | Dated this ........ day of .............., .....
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28 | ................... (Seal) (To be signed by the owner or | ||||||
29 | the individual who
completes items 2 through 6 above.)
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30 | Subscribed and sworn to before me, a Notary Public in and for | ||||||
31 | the County and
State of .............. aforesaid
this ........ | ||||||
32 | day of ..............., .....
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1 | ............................ Notary Public.
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2 | (Source: P.A. 92-419, eff. 1-1-02.)
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