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Mike Zitterich's avatar

Could Placements of Family Cemeteries on Private Properties Relieve South Dakotans from Paying Property Taxes on Private Property?

Did You Know - South Dakota is one of many States that allow for persons to plat, use their own property as a "burial place" for your loved ones. And by using your own backyard as a "family cemetery", your land (property) will be tax exempt from property tax.

Every person, firm, or association, every church, religious or benevolent society, and private or public corporation, owning or having under his or its control, any cemetery or place of burial in this state, shall keep and maintain a uniform record of all burials, and shall by itself, his or its officers or agent, cause such cemetery or burial ground, or such portion thereof as may from time to time become necessary for that purpose, to be surveyed, mapped, or diagramed, and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks, and streets, thereby platting or making a map or diagram thereof, which map or plat shall be filed, preserved, and maintained as a permanent cemetery record. Such plat or map, or copy thereof, shall be dated and endorsed by the person, firm, or agency drafting such plat or map, and duly filed in the office of the registrar of vital records of the registration district, wherein located, and shall become a permanent record in such office.- SDCL 34-27-8

The local registrar of vital records shall receive and file as a permanent record, the plat or map, or copy thereof, of each cemetery within his district as provided in this chapter; thereafter it shall be the duty of such registrar to regularly mark and designate upon each plat or map, the exact grave space of all subsequent burials within such cemetery, by using a uniform mark for all burials, a distinguishing and separate mark for the graves of veterans, and by inserting in such grave space, the burial or removal permit number, assigned to such burial at time of filing permit.

I dont think anyone has thought about it. Since 1950, it has not been popular. It was very popular all across America up until 1940's when states began passing laws trying to deceive people they had to own a Funeral Parlor. What does a funeral parlor do - sell caskets, burial plots, manage private land, funeral ceremonies, etc. They charge outrageous prices and fees for something that you could do for nearly nothing. Because you already own your small acreage of land, have a home on it, a garage, a small yard, you too could place a small family cemetery on your land and do the exact same thing as funeral parlors do. Remember, the funeral parlor is NOT tax exempt, it is the "Land" that holds the cemetery that is tax exempt. The Funeral Parlor is a "For Profit Enterprise" licensed by the State to conduct a business for profit - selling funeral supplies, equipment, casksets, grave sites, etc. Everything you already have the right to do.

Imagine, your family getting together, organizing your estate planning for the deaths of loved ones, what does it cost you to dig a 6 foot hole on your property? Nothing. What does it cost you to hire someone to build you a wooden box placing a small mattress, pillow inside preparing for the death of a loved one? What does it cost to pay the hospital to embalm your loved one, prepare to dress up that loved one (you can do it yourself by the way), etc. it costs you nothing to place a small burial location in your backyard. For doing so, imagine your land being tax exempt from property taxes, imagine the BANK not having the right to foreclose on your property due to the cemetery on the land, imagine honoring your loved ones by keeping them close to you at all times, maintaining their graves for as long as you may wish...What a great way to honor your loved ones but by keeping them on the very land, property they helped you take care of for years and years.

Somehow, we got away from doing all this ourselves....being told we had to spend thousands of dollars in preparation, but in reality, you had the right to do it yourself.

IF we want to fight property tax evaluations, this may be the way to do it. CITIES have no control over this....

What if people were to do this, this would be one way to force the city to cut their budget, cause properties would become tax exempt.

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Brian Kehm's avatar

Property taxes = infinite rent

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