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(805 ILCS 320/0.01) (from
Ch. 21, par. 34.9) Sec. 0.01. Short title. This Act may be cited as the Cemetery Association Act.
(Source: P.A. 86-1324.) |
(805 ILCS 320/1) (from
Ch. 21, par. 35) Sec. 1. That any six (6) or more persons
may organize a Cemetery Association, to be owned,
managed and controlled in the manner hereinafter
provided.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/2) (from
Ch. 21, par. 36) Sec. 2. Whenever six (6) or more persons
shall present to the Secretary of State a petition
setting forth that they desire to organize a Cemetery
Association under this act, to be located in (here
insert the county) and that said Cemetery Association
shall be known by the name and style of (here insert
the name of the association), that the Secretary
of State shall issue to such persons and their successors
in trust, a certificate of organization, which said
certificate of organization shall be in perpetuity
and in trust for the use and benefit of all persons
who may acquire burial lots in said cemetery.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/3) (from
Ch. 21, par. 37) Sec. 3. The persons so receiving the certificate
of organization shall cause the same to be recorded
in the recorder's office of the county in which the
cemetery is situated, and when so recorded, the association
shall be deemed fully organized as a body corporate
under the name adopted, and in its corporate name
may sue and be sued. Whenever two- thirds of
the trustees shall approve a resolution to change
the name of a cemetery association, a copy of such
resolution and approval thereof duly certified by
the President and Secretary of the association shall
be filed in the office of the State Comptroller,
and upon approval thereof shall be filed in the office
of the Secretary of State. Whenever two- thirds
of the trustees of a cemetery association approve
a resolution to dissolve such corporation a copy
of such resolution and approval of the trustees duly
certified by the President and Secretary shall be
submitted to the Comptroller, and if approved by
him a copy of such resolution and approval of the
Comptroller shall be duly filed by him in the office
of the Secretary of State. Where the association
has "care funds" within the meaning of the "Cemetery
Care Act", approved July 21, 1947, as amended, the
Comptroller shall not approve the dissolution of
any Cemetery Association unless proper disposition
has been made of such care funds, as provided by
law, and in accordance with the Cemetery Care Act.
Upon the filing of the resolution of either change
of name or dissolution of such cemetery association
in the office of the Secretary of State such change
of name or dissolution of such cemetery association
shall be complete. The Comptroller shall so notify
the trustees of such cemetery association. Thereupon
the trustees shall cause a copy of such resolution
of either change of name or dissolution to be recorded
in the recorder's office of the county where the
cemetery is situated.
(Source: P. A. 78-592.) |
(805 ILCS 320/4) (from
Ch. 21, par. 38) Sec. 4. That said persons so receiving said
certificate of organization of said association shall
proceed to elect from their own number a board of
trustees for said association, which said board shall
consist of not less than six (6) nor more than ten
(10) members, as said persons so receiving said certificate
may determine; that said trustees when elected shall
immediately organize by electing from their own membership
a president, vice president and treasurer, and shall
also elect a secretary, who may or may not be a member
of said board of trustees, in their discretion, which
said officers shall hold their respective offices
for and during the period of one (1) year, and until
their successors are duly elected and qualified.
Said trustees when so elected shall divide themselves
by lot into two classes, the first of which shall
hold their offices for and during the period of three
(3) years, and the second of which shall hold their
offices for and during the period of six (6) years,
and that thereafter the term of office of said trustees
shall be six (6) years, and that upon the expiration
of the term of office of any of said trustees, or
in case of the resignation or death or removal from
the State of Illinois of any of said trustees, or
their removal from office as provided in this act,
the remaining trustees, or a majority of them, shall
notify the presiding officer of the County Board
in which said cemetery is situated, of such vacancy
or vacancies in writing and thereupon said presiding
officer shall appoint some suitable person or persons
to fill such vacancy or vacancies; and that thereafter
the presiding officer of the county board in which
said cemetery association is located shall always
appoint some suitable person or persons as trustees:
Provided, however, that in making such appointments
the said presiding officer of the County Board shall
so exercise his power that at least two- thirds
(2- 3) of said trustees shall be selected from
suitable persons residing within fifteen (15) miles
of said cemetery, or some part thereof, and the other
appointees may be suitable persons interested in
said cemetery association through family interments
or otherwise who are citizens of the State of Illinois.
(Source: P.A. 80-585.) |
(805 ILCS 320/5) (from
Ch. 21, par. 39) Sec. 5. Any cemetery association, when so
organized, shall have the right and the same is expressly
given to such association to acquire the necessary
amount of land for the use of the cemetery association
which said land may be acquired by purchase or by
gift and the association is hereby authorized to
receive by gift, or legacy any property, either real,
personal or mixed, which may be donated to such association
and to hold and keep inviolate any such property
for the uses of the cemetery association; and any
such cemetery association may receive and administer
endowments for the care of such cemetery or any part
thereof. When the cemetery is a privately operated
cemetery, as defined in Section 2 of the Cemetery
Care Act, approved July 21, 1947, as amended, then
such cemetery association shall also comply with
the provisions of the Cemetery Care Act.
(Source: P.A. 83-388.) |
(805 ILCS 320/6) (from
Ch. 21, par. 40) Sec. 6. Said Cemetery Association when so
organized may divide and lay out into lots, any real
estate which it may acquire, which said lots shall
be of suitable size for burial lots, and when any
such land is laid out into lots as herein provided,
a plat of the same shall be made and recorded in
the recorder's office of the county in which said
Cemetery Association is located; and said Cemetery
Association shall have the right to sell to any person
or persons a lot or lots in said cemetery for burial
purposes only, and to convey to such person or persons
said lot by a proper deed of conveyance, and the
person or persons so purchasing said lot or lots
shall have the right to use the same for the purposes
for which purchased and as limited by the reasonable
rules of such cemetery, but no such Cemetery Association
shall make or enforce any rule prohibiting the erection
of any monument or headstone on any such lot or lots
as may be prescribed or provided by the United States
or the State of Illinois for a soldier, sailor or
marine having served in the army or navy of the United
States or the State of Illinois.
(Source: Laws 1927, p. 191.) |
(805 ILCS 320/7) (from
Ch. 21, par. 41) Sec. 7. The treasurer of said Cemetery Association
shall from time to time loan any money which said
association may have and which is not needed for
the immediate use of said association, taking proper
security therefor, and which said loan and the security
for the same shall, before the same becomes effective,
be approved by said Board of Trustees of said Cemetery
Association.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/8) (from
Ch. 21, par. 42) Sec. 8. No officer or trustee of said Cemetery
Association shall receive any compensation of any
kind for any services rendered by him in behalf of
said association, except the secretary of said association,
who may receive such salary as may be fixed by the
Board of Trustees.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/9) (from
Ch. 21, par. 43) Sec. 9. No dividends shall be declared or
paid to any officer or other person from the funds
of said Cemetery Association, but the same shall
be kept inviolate and to be used only for purposes
of said association and the care, preservation and
ornamentation of said cemetery.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/10) (from
Ch. 21, par. 44) Sec. 10. The board of trustees shall annually
prepare and file with the State Comptroller the report
required to be filed by a licensee under Section
12 of the "Cemetery Care Act", approved July 21,
1947, as now or hereafter amended. The Comptroller
shall examine such report to determine whether the
association has fully complied with the requirements
of the "Cemetery Care Act", approved July 21, 1947,
as now or hereafter amended.
(Source: P. A. 78-592.) |
(805 ILCS 320/10.1) (from
Ch. 21, par. 44.1) Sec. 10.1. The cost of examining the reports
required by Section 10 of this Act shall be borne
by the cemetery association. The charge made by the
Comptroller for examining the reports required by
Section 10 of this Act shall be based upon the amount
of the total resources of the cemetery association
as of the date of the report and shall be in accordance
with the following schedule:
less than $50,000...............................no charge;
$50,000 or more but less than $100,000................$20;
$100,000 or more but less than $250,000...............$40;
$250,000 or more......................................$50.
(Source: P. A. 78-592.) |
(805 ILCS 320/11) (from
Ch. 21, par. 45) Sec. 11. For misconduct in office any of said
trustees of said cemetery association may be removed
from office by a court of competent jurisdiction,
and any trustee of such an association who shall
convert any funds of such association to his own
use, or to a use other than that intended, shall
be guilty of embezzlement and punished accordingly.
(Source: Laws 1955, p. 671.) |
(805 ILCS 320/12) (from
Ch. 21, par. 46) Sec. 12. The Board of Trustees of the cemetery
association may make any and all rules and regulations
for the management of the association not inconsistent
with this Act. The trustees shall give bond to the
Comptroller under the Cemetery Care Act, as amended,
and shall not be required to give any other bond.
(Source: P. A. 78-592.) |
(805 ILCS 320/13) (from
Ch. 21, par. 47) Sec. 13. Any Cemetery Association existing
at the time of the passage of this act, or which
may hereafter be organized, may, if it shall so desire,
convey to any Cemetery Association organized under
this act, the property of said association by a proper
deed of conveyance, and thereafter said cemetery
shall be under the control, management and ownership
of the association organized under this act, to which
such transfer is made.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/13a) (from
Ch. 21, par. 48) Sec. 13a. Any cemetery association organized
under this Act may convey any property which it may
hold within a city, village, incorporated town, county
not under township organization, or town, to the
city, village, incorporated town, county or town
within which this property is located, and may convey
any property which it may hold within one mile of
any city, village or incorporated town to such city,
village or incorporated town; and if the city, village,
incorporated town, county or town accepts the conveyance
such property shall thereafter be under the control,
management, maintenance and ownership of the city,
village, incorporated town, county or town.
(Source: Laws 1945, p. 384.) |
(805 ILCS 320/13b) (from
Ch. 21, par. 48a) Sec. 13b. Any cemetery association organized
under this Act is authorized to obtain a grant or
grants of Federal funds from the United States Government,
or from any proper agency thereof, for the construction
of a memorial gateway and entrance on property of
such cemetery association which is maintained as
a national cemetery. Any cemetery association organized
under this act is authorized to convey in fee simple
to the United States Government, or to any proper
agency thereof, such portion of property of such
cemetery as is now or may hereafter be maintained
as a national cemetery.
(Source: Laws 1940, 1st SS., p. 4.) |
(805 ILCS 320/14) (from
Ch. 21, par. 49) Sec. 14. The property, both real and personal,
of any association organized under this act, shall
be forever exempt from taxation for any and all purposes.
(Source: Laws 1903, p. 90.) |
(805 ILCS 320/15) (from
Ch. 21, par. 50) Sec. 15. That such cemetery association, when
duly organized, shall be public corporations, for
the purpose of burial ground and cemetery business
only.
(Source: Laws 1905, p. 84.) |
(805 ILCS 320/16) (from
Ch. 21, par. 51) Sec. 16. That such cemetery association heretofore
organized or that may hereafter be organized for
cemetery purposes, which shall have acquired or may
hereafter acquire land by purchase, deed, will, or
otherwise, and shall have platted, mapped, and used
said land for cemetery purposes, may, when necessary,
acquire additional land adjoining and abutting on
such cemetery by condemnation proceedings, as hereinafter
provided; Provided, however, that no such land sought
to be condemned shall be or lie within the corporate
limits of any city or village.
(Source: Laws 1905, p. 84.) |
(805 ILCS 320/17) (from
Ch. 21, par. 52) Sec. 17. The cemetery association seeking
to condemn land abutting and adjoining the cemetery
shall first cause to be filed in the office of the
circuit court clerk of the county where such land
is situate a petition to the court, verified by affidavit,
for leave to begin condemnation proceedings against
such land sought to be condemned. The petition shall
contain a description of the cemetery, its location,
as already established and in use, a statement of
the number of lots sold, and the number yet unsold,
a description of the land sought to be acquired by
condemnation, its location with regard to dwelling
houses in the vicinity and state the reasons for
filing the petition; and asking for condemnation
proceedings.
(Source: Laws 1965, p. 596.) |
(805 ILCS 320/18) (from
Ch. 21, par. 53) Sec. 18. The cemetery association by its agent
or attorney shall upon filing such petition, cause
a notice in writing to be served upon the owner or
owners of such land sought to be condemned for cemetery
purposes, if such owners are residents of this state.
Such notice shall name a day at least ten days after
the service of notice when such petition will be
heard. It shall also state the court before whom
the case shall be heard; the description of the ground
sought to be condemned, and the object for which
it is to be used. In case such owner or owners cannot
be found or are non residents of the State, notice
may be had by publication in some newspaper of general
circulation in the county, once each week, for four
successive weeks, or in case no such paper is published
in said county, then by posting four notices in four
of the most public places in said county, at least
four weeks prior to the day of hearing of said petition.
(Source: Laws 1905, p. 84.) |
(805 ILCS 320/19) (from
Ch. 21, par. 54) Sec. 19. The owner or owners of the land sought
to be condemned under this act shall, if they see
fit, file with the clerk of such court, on or before
the day designated in the notice, objections to such
proceedings to condemn such land verified by affidavit,
and in case the objections so verified are filed
within the time specified in the notice, the same
shall be considered by the court in connection with
the granting or refusal of prayer of the petition.
(Source: Laws 1965, p. 596.) |
(805 ILCS 320/20) (from
Ch. 21, par. 55) Sec. 20. The judge shall examine the petition
and affidavits as soon as is convenient. If he finds
the petition should not be granted he shall mark
it "not approved" and deny the right to file proceedings
for condemnation. If he finds that the best interest
of all concerned will be served by granting the petition,
he shall mark the petition "approved" and by order
of record direct the petitioner to file its petition
not less than 10 nor more than 60 days from the date
of approval. Upon the issue of the court order the
petitioner shall begin proceedings for condemnation
within the dates prescribed by the judge, and the
proceedings shall be had as provided by statute.
(Source: P.A. 76- 1406.) |
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