Hello all, one of my city's owns and operates a cemetery. The cemetery has
been in existence since the late 1800's. In 1920 an individual purchased a
Lot of graves. A lot contains 12 burial spaces. Since this particular Lot
was purchased, only three (3) of the spaces have been used. None of which
has a name that is the same as the person who originally bought the Lot. Now
an individual has approached the City wanting to purchase the remaining
spaces in this particular Lot. The person who originally purchased the Lot
is named in the records by his/her first two initials and last name. Despite
a diligent search for any heirs or successors of the original purchaser,
none can be found. I have read some case law that seems to suggest that a
person's interest in a cemetery lot is only a contractual right to use the
lot. Others suggest that said cemetery lots are treated like any other real
property.
I have considered a Quiet Title suit in the name of the City to quiet the
remaining unused spaces in the Lot in question back to the City, or possibly
exercise eminent domain and take the remaining spaces with the likelihood no
one would respond to the suit.
I would certainly welcome any other thoughts.
Thanks
W. Lee Stout
WL Stout PC
112 S. Main St.
P.O. Box 262
Newkirk, OK 74647
(580) 362-2032
(580) 362-2035 Fax
stoutlawoffice@att.net
Hello all, one of my city's owns and operates a cemetery. The cemetery has
been in existence since the late 1800's. In 1920 an individual purchased a
Lot of graves. A lot contains 12 burial spaces. Since this particular Lot
was purchased, only three (3) of the spaces have been used. None of which
has a name that is the same as the person who originally bought the Lot. Now
an individual has approached the City wanting to purchase the remaining
spaces in this particular Lot. The person who originally purchased the Lot
is named in the records by his/her first two initials and last name. Despite
a diligent search for any heirs or successors of the original purchaser,
none can be found. I have read some case law that seems to suggest that a
person's interest in a cemetery lot is only a contractual right to use the
lot. Others suggest that said cemetery lots are treated like any other real
property.
I have considered a Quiet Title suit in the name of the City to quiet the
remaining unused spaces in the Lot in question back to the City, or possibly
exercise eminent domain and take the remaining spaces with the likelihood no
one would respond to the suit.
I would certainly welcome any other thoughts.
Thanks
W. Lee Stout
WL Stout PC
112 S. Main St.
P.O. Box 262
Newkirk, OK 74647
(580) 362-2032
(580) 362-2035 Fax
stoutlawoffice@att.net