In addition to the power granted the city in SDCL 9-32-21 and 47-29-9, relating to the reselling of cemetery lots, the city shall have the right to discontinue all rights granted to a purchaser of any lot after a period of thirty (30) years from the date of sale thereof, should the city finance officer, upon investigation, determine that the purchaser or owner thereof has not used the lot, or any part thereof, that the owner is deceased and that the lot will not likely be used as a burial place for the owner or purchaser or any members of his or her family. In the event that any such lot is to be reclaimed, inquiry shall be made to ascertain the names and addresses of the heirs or any of them, which can be obtained by the making of reasonable inquiry, and notice shall be given to the heirs, by mail, of the intention of the city to reclaim the property, and of the fact that the money will be deposited as hereinafter provided in this section. Notice and transfer shall be in accordance with SDCL. Whether any heirs of a deceased owner or purchaser are located or not, the original cost of the lot, as paid by the owner or purchaser, shall be held in trust by the city until such time as proof satisfactory to the city is made by the heirs of the deceased owner of the right to the proceeds. In case no heir of a deceased owner is located, notice of the reclaiming of the lot and the deposit of the money shall be published once a week for three (3) successive weeks in the official newspaper in the city. It is the responsibility of the owner, purchaser or any members of their family to maintain updated contact information with the city.
(Ord. 782 (part), 2016; Ord. 664 (part), 2009)