Montana 2025 Regular Session

Montana House Bill HB523

Introduced
2/17/25  
Refer
2/18/25  
Engrossed
3/7/25  
Refer
3/14/25  
Enrolled
4/14/25  

Caption

Providing for disposition of abandoned graveyard lots

Impact

The implications of HB 523 are significant for state laws governing public cemeteries. It sets forth specific requirements for identifying abandoned graves, including diligent attempts to find the lot's owner. Public notice must be provided for the petition, ensuring transparency in the process. By allowing for the sale of abandoned lots, the bill attempts to reduce the backlog of neglected spaces in public cemeteries while balancing the need for respecting the rights of original owners and their descendants.

Summary

House Bill 523 aims to establish a clear process for the disposition of abandoned lots in public cemeteries. The bill defines a lot as abandoned if it has not been used for interment for 75 years or longer, and there has been no contact with the owner or the owner's heirs during that period. Through this legislation, a petition process is created allowing individuals to request a finding of abandonment from the cemetery administrator, thereby providing a legal avenue for the reuse or repurposing of these lots.

Sentiment

The sentiment surrounding HB 523 appears to be largely positive, with support from those who see the bill as a necessary step towards managing underutilized cemetery space effectively. Proponents argue that the bill will help address the issue of neglected graves while upholding community engagement through the public notice process. However, there are voices of concern regarding the potential for mismanagement of cemetery sites, particularly with regards to discovering and honoring the final resting places of the deceased.

Contention

Notable points of contention involve the appropriateness of defining abandonment strictly by a 75-year threshold without considering individual circumstances. Critics express worry that this may lead to hasty decisions regarding the status of graves and the loss of personal connections to local history. Furthermore, the exclusion of graves designated for veterans and those determined to contain human remains from these provisions raises questions about the uniformity and fairness of the application of this legislation.

Companion Bills

No companion bills found.

Previously Filed As

MT HF1073

Disposition of abandoned pipelines provided, and pipeline abandonment plan required.

MT SB233

Business Regulation - Cemeteries and Abandoned Cemeteries - Sale, Transfer, or Government Acquisition and Disposition

MT SB234

Business Regulation - Abandoned Cemeteries - Acquisition and Disposition

MT HB893

Business Regulation - Abandoned Cemeteries - Acquisition and Disposition

MT HB1189

In disposition of abandoned and unclaimed property, further providing for claim for property paid or delivered.

MT HB1261

Relating to the disposition of abandoned or unclaimed property seized by a peace officer.

MT SB844

In disposition of abandoned and unclaimed property, further providing for claim for property paid or delivered.

MT HB488

In disposition of abandoned and unclaimed property, further providing for claim for property paid or delivered.

MT SF733

Disposition of abandoned pipelines provision

MT SB665

Maryland Uniform Disposition of Abandoned Property Act – Revisions

Similar Bills

HI HB1058

Relating To Veterans Cemeteries.

HI SB1377

Relating To Veterans Cemeteries.

HI HB1058

Relating To Veterans Cemeteries.

MI HB5844

Appropriations: other; Upper Peninsula state veterans cemetery; provide for. Creates new act. TIE BAR WITH: HB 5843'26

TN HB0713

AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.

TN SB0715

AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.

TX SB586

Relating to establishing the Historic Texas Cemeteries Designation Program; authorizing a fee.