(A) When the owner of a burial plot dies intestate, his or her interest shall descend according to the laws of the state relating to the descent of realty, except there is no right of representation, and upon such death, proof of heirship shall be filed with the City Clerk, and no further burial will be permitted without such sworn proof. No transfer of title shall be valid until such transfer is filed with the City Clerk.
(B) The City Clerk is authorized to administer consistent with the state administrative procedure act the transfer of ownership of cemetery lots in the city’s cemetery. The administrative rules to be followed are as follows, in order of priority:
(1) Court order determining ownership;
(2) Any will admitted to probate takes precedence in the absence of a court order determining ownership;
(3) If the record owner dies intestate, his or her surviving spouse is the sole owner for life with burial rights, but if the surviving spouse is deceased, then to surviving children, share and share alike;
(4) If no surviving children then to the record owner’s surviving parent, whether one or more;
(5) If no surviving children or parents then to surviving siblings, share and share alike;
(6) If no surviving children, parents, or siblings, then to surviving first cousins, share and share alike;
(7) That there is no right of representation for children of deceased children, parents, siblings, or first cousins;
(8) The determination of ownership shall be determined by the City Clerk after a ten-day publication notice in a form approved by the City Clerk and a copy sent to all claimants who could assert a right by representation, potential claimants, and surviving children, parents and siblings;
(9) If no objection is received within 14 days of the publication then the City Clerk shall transfer ownership to the surviving family member so entitled.
(10) If objection is made, a public hearing shall be conducted within 20 days by the City Clerk prior to an administrative decision following the guidelines. Notice shall issue to interested persons only.
(11) Any party aggrieved shall have 30 days from entrance of the City Clerk’s order to appeal the matter to the district court of the county.
(Prior Code, § 7-6B-9) (Ord. 740, passed 6-1-2010)