Senate Bill 2681

AN ACT TO CREATE NEW SECTION 41-43-46, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE FOR FOR-PROFIT CEMETERIES WITH BURIAL SPACES AND ENTOMBMENT RIGHTS THAT HAVE BEEN ABANDONED FOR A CERTAIN PERIOD OF TIME TO TERMINATE THE OWNER'S RIGHTS TO THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF A BURIAL SPACE OR ENTOMBMENT RIGHT ISSUED BY A CEMETERY HAS REMAINED UNUSED FOR A PERIOD OF AT LEAST 99 YEARS FROM THE DATE OF SALE OR LAST RECORDED DESIGNATION OR TRANSFER AND HAS NO IMPROVEMENTS ON THE BURIAL SPACE OR ENTOMBMENT RIGHT, THE CURRENT OWNER OF THE CEMETERY MAY TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER DESIRES TO TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT AND DETERMINES THAT THE REQUIRED CONDITIONS HAVE BEEN MET, THE CEMETERY OWNER MUST FIRST SEND THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT A NOTICE OF THE INTENT TO TERMINATE AND DECLARE ABANDONED THE OWNER'S RIGHTS TO THE BURIAL SPACE OR ENTOMBMENT RIGHT BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED; TO PROVIDE THAT A PERSON WHO HAS RECEIVED A TERMINATION NOTICE MAY INFORM THE CEMETERY OWNER OF THE CONTINUED INTENT TO CLAIM THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER HAS BEEN INFORMED OF THAT INTENT, THE CEMETERY OWNER SHALL NOT TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER HAS NOT RECEIVED A RESPONSE FROM THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT WITHIN 90 DAYS AFTER SENDING THE REQUIRED NOTICE, THE CEMETERY OWNER SHALL ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY OF THE OWNER'S LAST-KNOWN ADDRESS SEEKING THE OWNER'S CURRENT ADDRESS; TO PROVIDE THAT IF THE CEMETERY OWNER HAS NOT RECEIVED A RESPONSE REGARDING THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT WITHIN 90 DAYS AFTER PLACING THE REQUIRED ADVERTISEMENT, THE OWNER'S RIGHTS AND INTERESTS IN THE BURIAL SPACE OR ENTOMBMENT RIGHT ARE TERMINATED, AND THE CEMETERY OWNER MAY SELL THE BURIAL SPACE OR ENTOMBMENT RIGHT TO A NEW OWNER; TO PROVIDE THAT IF THE OWNER OF A BURIAL SPACE OR ENTOMBMENT RIGHT CONTACTS THE CEMETERY OWNER AFTER THE RIGHTS AND INTERESTS IN THE BURIAL SPACE OR ENTOMBMENT RIGHT ARE TERMINATED, THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT IS ENTITLED TO CERTAIN REMEDIES; TO PROVIDE THAT PERSONS WHO VIOLATE THE PROVISIONS OF THIS ACT ARE SUBJECT TO CERTAIN PENALTIES; AND FOR RELATED PURPOSES.

In the Senate

• Sally Doty

  Sponsor

l9n doesn't hold this bill's text yet.

In the Senate Jan 19 – Feb 3

1. Jan 19Referred to the Senate committee on Judiciary, Division A
2. Feb 3Died in committee in the Senate