Cemetery

THE SALEM EVANGELICAL LUTHERAN CHURCH OF LONGVILLE

RULES AND REGULATIONS

Conduct in cemeteries:

No person shall enter the cemetery except through the established gates.
No person shall discharge firearms in the cemetery. This prohibition shall not apply to authorized volleys at burial services conducted by recognized military organizations or associations of the United States of America.
No person shall injure or deface any monument, stone, fence, or other structure or property within the cemetery.
Horseback Riding, Snowmobiles, ATV’s, Motorcycles, etc. are not allowed within or through the cemetery, except in conjunction with burial services.
Visitors shall travel through the Cemetery by way of roads and paths and shall not trespass over burial lots of others.
The owner of any moving vehicle shall be responsible for any damage done by such vehicle within the boundaries of the cemetery.
Visitors entering the Cemetery do so at their own risk and waive any claims to redress from Salem Evangelical Lutheran Church for accidents while on the grounds.
The Salem Evangelical Lutheran Church Cemetery shall be controlled and governed by the Salem Lutheran Church Council and Cemetery Sexton. All decisions are subject to the approval of the Salem Evangelical Lutheran Church Council and Cemetery Sexton.

Definitions:

“Cemetery” means the Salem Evangelical Lutheran Church of Longville Cemetery.
“Grantee” is anyone who purchases the right of burial in a lot or gravesite. A Grantee must be 18 years of age or older.
“Gravesite” means a single plot used as a place of burial.
“Block” as shown on a plan of subdivision on records kept by the Sexton, consisting of (8) eight gravesites.
“M.S.” stands for Minnesota Statute
“Non Member” means a person who is not a voting member of Salem Evangelical Lutheran Church of Longville.
“Perpetual Care” is defined as the general upkeep of lots to include mowing, trimming, reseeding where necessary, and repairing sunken graves.
“Sexton” the individual, appointed by church council shall be responsible for the care and upkeep of the Salem Evangelical Lutheran Church of Longville Cemetery, and keeping records, etc. in connection with said Cemetery. The term “Sexton” shall include any person authorized by the Sexton to carry out their duties in his or her absence.

Purchase and Conveyance of Lots:

Salem Lutheran Church sells only the exclusive right of burial in a specific gravesite, or gravesites. The legal title to all land situated at S.E. Quarter of the N.E. Quarter, Section 32, Township 141, Range 27 West, is held by Salem Lutheran Church, and all grave spaces will be held subject to the laws of the State of Minnesota relating to cemeteries. The exclusive right of burial is subject to the rules, regulations, and fee schedules in effect at the time of purchase. (M.S. 306.09)

Purchase Procedure:

Lots as laid in the cemetery shall be selected and purchased from and with the consent of the Sexton, subject to the control of the Salem Lutheran Church Council. Payment for lots purchased shall be made to the Cemetery Sexton, checks will be made payable to Salem Lutheran Church of Longville. All monies owed for plot purchases, fees, or other cemetery-related services must be paid in full before any remains will be accepted for burial.

Lots purchased shall be conveyed by a special deed for human burial purposes only, and shall be subject at all times to the provisions of the Cemetery Rules and Regulations, along with any articles or agreement or applicable state laws. Such deed shall give the following information: Name of the purchaser, purchase price, lot and block number, and shall be presumptive evidence of ownership of the right to burial in the lot described therein. It shall be the responsibility of the Salem Lutheran Church to control the funds so they may be expended as best to serve the purpose for which they are raised.

Lot size established:

Unless otherwise expressly designated, standard gravesite is (6) six feet by (8) eight feet.

Transfer of Lots: (M.S. 306.15)

(a) When a lot in a cemetery or inurnment space has been sold or conveyed for burial purposes, the lot or inurnment space is then inalienable, except as provided in this section.
(b) The original purchaser of the lot or inurnment space may sell or convey any part of it to the cemetery that is not actually occupied by interments or inurned human remains.
(c) A person who has inherited the lot or inurnment space may sell or convey any part of it to the cemetery that is not actually occupied by interments or inurned human remains.
(d) When, by the consent of the owner, the lot or inurnment space will be solely used by some other person as a family burial place, the owner may convey it to the person so using it.
(e) There must be filed with the cemetery a copy of an agreement of sale signed and acknowledged by the owner (and spouse, if any) and the proposed purchaser, transferring title to the cemetery and requesting that the cemetery issue a new conveyance of the lot or space directly to the purchaser in consideration of the payment by the purchaser to the owner of a specified price which must not be more than the price that would be charged by the cemetery in its sale of a similar lot or space. Upon filing the agreement, a reasonable transfer and service charge of not more than $15 must be paid to the cemetery and the cemetery shall then promptly issue a conveyance of the lot or space to the designed purchaser.
(f) The cemetery may use any of its funds to repurchase lots or inurnment spaces, as provided herein, and may hold or again sell and convey them.

Burials:

A vault is required for burial at the cemetery, except as stated in this section. In the case of internment/cremation, the following guidelines shall apply:

Maximum number of vault internments shall be (2) two per gravesite.
Nobody shall be interred in the same gravesite in which a body has previously been interred unless the first body has been buried at a depth of at least (8) eight feet from the surface of the ground to the bottom of the grave.
When a standard size gravesite has a combination of cremations and casket/vault burials the following formula will be used: A standard size grave site can have no more than (1) one casket/vault and (2) two cremations.
When more than one body is interred in the same grave, the last interment shall be at a depth of at least (2) two feet from the surface of the ground to the top of the casket or coffin and in no case shall the bodies of more than (2) two persons be interred in the same grave.

Conditions for Burial:

No burial shall take place without first approval of Cemetery Sexton. Any family member may bring human remains into this state for burial. The burial of human remains shall be under the direction of a licensed funeral director. Burial placement will be under the direct supervision of the Sexton.

Cremations:

Burial of cremated remains requires the purchase of a regular gravesite. A gravesite may contain the remains of up to (2) two persons. Remains may be brought to the cemetery, for burial by any person, with the prior consent together with a crematory certificate from the respective crematory identifying the remains. Burial will be under the direct supervision of the Sexton.

Open and close grave:

If a family requests to open and close a grave themselves they are allowed to do so under the supervision of the Cemetery Sexton. Any family requesting to open or close a gravesite will have to first sign a release absolving Salem Lutheran Church of any responsibility of any accident or mishap that may occur.

Winter Burials:

As well as the additional cost involved in opening the grave the family will be responsible for paying to have the cemetery plowed. The cost will depend on what the person plowing the cemetery is charging.

Records:

The keeping of the records of the Cemetery shall be the responsibility of the Sexton. Copies of all deeds conveyed for lot purchase shall be kept on file at the church office as well as recorded in a book provided for this purpose.

The Cemetery Record shall have a record of every burial in the cemetery, showing the name of the deceased, age, birthplace, sex, birth date, death date, date of burial and the lot and block number.
The Grantee Section shall have the date of purchase, Name and Address of individual or individuals, lot and block number, amount paid, and the date the deed was given. 4
A copy of such record shall be furnished to any person making a written request and payment of a fee as established by the Salem Lutheran Church Council.
Records of all burials, including a map of the location of every grave, shall be kept on file at the Salem Lutheran Church office as well as the Cemetery Sexton having this information.
A burial permit shall be filed with the Cemetery Sexton at the time of burial. The permit will be kept on file at the church office. This includes cremations as well as casket burials. (M.S. 306.03)

Monuments or markers:

Are permitted if they comply with the following regulations:

Flat markers must be set in concrete or solid granite flush with the ground and have a minimum of 2″ in thickness, with 6″ extending around the edge of the monument at ground level for the purpose of mowing the grass.
Monuments are to be placed on a slab of concrete stone of a minimum of 2″ in thickness, with 6″ extending around the edge of the monument at ground level for the purpose of mowing the grass.
The upright monument may be centered with the number of graves purchased to allow for a “family” section.
All monuments and markers shall be set to align with other markers in the north/south rows and must be set within the confines of the designated space.
Corner lot markers, concrete, granite, or metal will be permitted only if installed and maintained flush with the ground.
An approved monument or marker must be installed within (1) one year of date of burial.

Curbs and Fencing:

No curbs or fences or other similar barriers shall be permitted around any individual or group of lots.
All monuments and markers will be installed under the direct supervision of the sexton.
Any monument and/or memorial not set in compliance with the regulations:

The Sexton shall notify the owner of the lot in writing that the monument is not set according to regulations.
The owner will then have 30 days to rectify the situation, the monument company involved must notify the Sexton, in writing, exactly when the situation will be corrected.
If not corrected within 30 days the Sexton may rectify the situation at the cost of the owner.

Trees, Flowers, Artificial decorations, etc.

Artificial decorations, flowers, wreaths, etc., placed on the graves will be removed when they become unsightly by the cemetery Sexton without responsibility for their protection or maintenance.
Annual plants must be planted in urns or planters. Sod must not be dug up or disturbed.
No trees or shrubs shall be planted without the approval of the Sexton, and installed under the direct supervision of the Sexton.
Concrete urns or planters are not permitted in the cemetery unless they are placed on the pre-stressed foundation or on a poured concrete extension in line with the monument. No urns or planters will be allowed to rest on the grave or within the burial area.
All metal staffs (American Legion, Veterans of Foreign Wars, etc.) must be set in the foundation of the memorial or attached to the memorial.
The Cemetery Sexton has control of every tree, shrub, or flower growing within the cemetery boundaries.

Cemetery Maintenance:

The general maintenance of the cemetery and grounds shall be the responsibility of the Sexton. The Salem Lutheran Church Council shall determine what actions are necessary to improve and maintain the appearance and condition of the cemetery.

Preparation of Grave:

The preparation of graves and laying out of graveside ceremonial material shall be the responsibility of the funeral director.

Changes of Rules and Regulations:

These Rules and Regulations may be changed or amended as the Salem Lutheran Church Council and Cemetery Sexton see fit.

Fee Schedule:

The fee per gravesite shall be as established by the Salem Lutheran Church Council and handled by the Cemetery Sexton.

Members $300.00 Non-Members $500.00

These rules and regulations shall supersede all previous Rules and Regulations, which may have been published for the Salem Evangelical Lutheran Church of Longville Cemetery.