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.

Similar Bills

HI HB1058

Relating To Veterans Cemeteries.

HI SB1377

Relating To Veterans Cemeteries.

CA SJR26

Mare Island Naval Cemetery.

US SR365

A resolution honoring the 50th anniversary of the National Cemetery Administration of the Department of Veterans Affairs.

TX HB2029

Relating to the sale of a cemetery plot; providing penalties.

TX HB52

Relating to the sale of a cemetery plot; providing penalties; authorizing a fee.

MO SB551

Regulates human and pet cemeteries

TN HB0713

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