Chapter 24 - § 24.13 • FORECLOSURE OF BURIAL SPACES IN MUNICIPAL CEMETERIES

• Jurisdiction: Colorado

§ 24.13 • FORECLOSURE OF BURIAL SPACES IN MUNICIPAL CEMETERIES

§ 24.13.1—In General

When a municipality has established a cemetery,⁵⁵⁴ and the ordinance establishing the cemetery requires the owners of burial spaces to pay annual assessments for, or to provide for the care and maintenance of, such spaces, and the owner of a burial space has failed and neglected for a period of five years or more to pay the annual assessments for, or to provide for the care and maintenance of, such space, and no other provisions have been made in the ordinance, deed, or contract for the case of such a default, the governing body or other official having jurisdiction over the cemetery may institute proceedings for the forfeiture, termination, or foreclosure of the rights and interests of the owner.⁵⁵⁵ However, forfeiture, termination, or foreclosure of rights and interests is not authorized for any burial space that has been used for interment.⁵⁵⁶ Any number of separate burial spaces and any number of separate owners may be joined in one proceeding.⁵⁵⁷

§ 24.13.2—Foreclosure Procedures

When the governing body or other official having jurisdiction over the cemetery determines that there has been a failure and neglect for a period of five years or more to pay the annual assessments for, or to provide for the care and maintenance of, a burial space, a resolution reciting that determination must be duly adopted, and a certified copy must be served on the owner personally by any competent person over the age of18 years, or be sent by registered mail to the owner's last known address.⁵⁵⁸ If compliance with the ordinances, rules, and regulations is not effected or provisions made therefore within a period of 30 days, the governing body may file a petition in the district court in and for the county in which the cemetery is located.⁵⁵⁹

The petition must set forth: (1) the facts relating to the sale and ownership of the burial space as revealed by the records of the municipality and cemetery; (2) a description of the burial space described in the same manner as the burial space is known and described on the books and records of the municipality and cemetery; and (3) the failure and neglect to comply with the ordinances, rules, and regulations for the care and maintenance of the burial space. The petition must ask for the forfeiture, termination, or foreclosure of all right, title, and interest of the owner in the burial space and that title thereto be vested in the municipality.⁵⁶⁰

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