(A) A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it.

(B) The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance.

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Terms Used In South Carolina Code 40-8-120

  • Board: means the South Carolina Perpetual Care Cemetery Board. See South Carolina Code 40-8-30
  • Cemetery: means a place used, dedicated, or designated for cemetery purposes including any one or combination of:

    (a) perpetual care cemeteries;

    (b) burial parks for earth interment;

    (c) mausoleums;

    (d) columbariums. See South Carolina Code 40-8-30
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensee: means a person granted an authorization to operate pursuant to this chapter and refers to a person holding a license granted pursuant to this chapter. See South Carolina Code 40-8-30
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • Trustee: A person or institution holding and administering property in trust.

(C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.

(D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before the effective date of this chapter. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.

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