Cemetery Bylaws
Information on burial lots in the north or south cemetery

Elim Manages two separate cemeteries.  The larger cemetery is across from the church and has been in use since the early 1850's.  There are 3750 lots in this cemetery with over 1800 burials.  The south cemetery (1/2 mile south on Olinda) has approximately 3751 lots with 320 burials.

Elim Lutheran Church
Scandia, Minnesota
Cemetery By-Laws

Adopted 1981  Amended 1983, 1989, 1998 & 2015
The following By-Laws shall from this date apply to the ownership, use, care, maintenance and charges therefore, including perpetual care of burial lots in the cemetery of Elim Lutheran Church of Scandia, Minnesota, thereinafter referred to as “the church.”  All previous regulations relating thereto are hereby rescinded.

Article I - Ownership
Section 1. The church as been the center for the community historically, and it was natural that the cemetery would be owned and operated by the church.  It is recognized that such ownership by the church continues to be a valid purpose, and in the best interests of cemetery lot owners and the church.

Section 2.  The cemetery shall be under the care and control of the church council, who are hereby vested with full control and administration thereof, subject to the provisions of these By-Laws, and such other rules or regulations as may be adopted by the church or the church council, and by State and other governmental laws relating thereto.

Section 3.  The The church council is authorized to sell all lots and burial places at prices to be fixed by the church, or amended as hereinafter provided, and prepare and execute all necessary deeds and conveyances therefore.
They shall receive all moneys owed to the cemetery, and shall keep those funds separate and apart from other funds and designate them as Cemetery Funds, and shall make no payments therefrom except for purposes pertaining to the cemetery, unless otherwise directed by the church, and they shall make full report to the church at its annual meeting each year and at any other times required by the church.

Section 4.  The church council shall appoint eight representatives from the membership of Elim Church to serve as an administrative board for Elim Cemeteries, thereinafter called the cemetery board.  Two members will retire and be replaced each year.

Section 5. The cemetery board shall supervise activities and business of the cemetery.  They shall keep a full and accurate record of all transactions affecting the cemetery, including all moneys received and all disbursements made for any cemetery purpose, all lots or burial places sold, and all interments made in the cemetery, and perform any other acts related thereto delegated by the church council.

Section 6.  The cemetery board will elect from its membership a chairperson, vice chairperson and such other officers as they may from time to time deem necessary.

Section 7.  The church council may from time to time appoint a superintendent of the cemetery, who shall perform such duties, exercise such powers and receive such compensation as the church council, in consultation with the cemetery board, may from time to time determine.

Section 8.  Ownership of cemetery lots shall be subject to the following regulations:
  1. Sale of lots is prohibited except by surrender to the church council at the original purchase price.
  2. Not more than 8 lots or burial places may be purchased by an individual or group, unless unusual circumstances would require more, in which case such action must be approved by the church council.
  3. Gifts of lots are limited to members of the immediate family of the owner and subject ot written approval of the church council.
  4. When a descendant of the original deed holder wishes to transfer the deed or be buried in one of the deed holders lot, a release form needs to be completed, signed and notarized by surviving adult members of the deed holder’s family and descendants.
  5. No transfer of lots shall be valid unless written notice thereof is given to the church council for recording.
  6. No removal of cremated remains or full body interment shall be done without wirtten permission of the Elim Cemetery Board and Elim Church Council.

ARTICLE II - Use
Section 1.  No burial shall be permitted in the cemetery until all the laws of the State of Minnesota and rules established by the church or the church council regarding burials have been complied with and all appropriated charges paid.

Section 2.  Ownership of a lot includes the right to designate who shall be buried therein, but further use of the lots is subject to the following conditions:
  1. All graves will be maintained level with the surrounding grounds by the caretaker, and all enclosures or other obstructions above the ground are prohibited except as hereinafter provided.
  2. The cemetery assumes the responsibility of reestablishing sod upon all opened graves as soon as practical after burial.
  3. Memorial stones:
    1. All monuments and stones shall be set on the graves, or in the monument space, and if the previous setting of other stones is such as to make this impractical, permission will be secured from the superintendent for a suitable location.
    2. On cemetery Number 2, no monuments will be permitted except footstones or headstones set flush with the surface of the ground.
    3. On cemetery Number 1, no new monument will be permitted at a height in excess of 30 inches above ground.
    4. On cemetery  Number 1, new terrace lots sold after 1/1/99, no monuments will be permitted except footstones and headstones set flush with the surface of the ground.
    5. It is the lot owner’s responsibility to straighten tilted monuments, and provide proper maintenance of them.
    6. All monuments shall be supported with adequate footings.
  4. Landscaping and Planting
  5. All general landscaping shall be entirely within the province of the Cemetery Board, and the planting of all trees, bushes, and shrubs shall be expressly prohibitied.
  6. Planting on graves shall be of a limited character and restricted to the space next to the marker, or in the space provided for such marker.
  7. No private planting shall be permitted in cemetery Number 2.  Flowers shall be placed in vases or other receptacles which are easily moveable and above the ground.  Receptacles which are empty or contain dead or wilted flowers, shall be removed by the caretaker and destroyed.
  8. The cemetery board shall have the right to plan and are responsible for display plantings.
  9. All mowing of the grass is prohibited except that done by the caretaker or at his authorization.
  10. No artificial flowers will be allowed on either cemetery whether they are placed in a urn or in the ground
Section 3.  Cremated remains may be interred, and subject to the following regulations:
  1. The top surface of any urn or other container for the cremated remains shall be buried at least one (1) foot below the surface of the ground.
  2. An area in the cemetery Number 2 will be designated specifically for burial of cremated remains, where existing lots would be divided into four (4) 2 foot by four foot burial sites for one burial.  A 10” x 20” marker would be allowed on any such burial site.
  3. Burial of cremated remains may be made on any existing regular size lot, with a limit of two (2) burials per lot, unless approval is secured from the church council for additional burials in unusual circumstances.
  4. A record must be maintained of all burials of cremated remains, similar to that for regular burials, including ashes scattered anywhere within the cemetery.
  5. All future lots sold after 2/1/2015 in the Rearrangement (corner terraces of old cemetery) will only be for cremation burials.

ARTICLE III - Charges
Section 1.  The following shall be current charges for lots and services:
Sale of Lots: Adult
Member of the church $500
Nonmember of the church $700
Perpetual Care $100
Grave Openings and Closings: Adult
Member of the church $700
Nonmember of the church $800
Opening & Closings in winter may incur additional charges due to frost.
Sale of Lots: Infant (birth to 3 years)
Member of the church $100
Nonmember of the church $225
Perpetual Care $100
Grave Opening and Closing: Infant
Member of the church $350
Nonmember of the church $450
Sale of 2’ x 4’ site for cremated remains:
Member of the church $100
Nonmember of the church $150
Perpetual Care $100
Burials of Cremated Remains: Cremated remains to be scattered will pay same burial fees as those which are buried.  Same price for burial on regular existing lots.
Member of the church $150
Nonmember of the church $225
Weekend and Holidays will incur additional charges
Section 2.  Perpetual care charges on lots redeemed and resold are not refunded.
Section 3.  The church council in consultation with the cemetery board is expressly authorized to make any changes in the foregoing schedule of charges, at any time they so determine.

ARTICLE IV - Perpetual Care
The following resolutions regarding perpetual care are repeate as originally enacted:
BE IT RESOLVED:  That the church council of the Elim Lutheran Church of Scandia, Minnesota, be and they hereby are authorized and instructed to create a separate fund to be known as the “Fund for the Perpetual Care of Burial Lots Located In The cemetery of the Elim Lutheran Church of Scandia, Minnesota,” said fund to be created by the payment by lot owners in said cemetery of an amount not less than One Hundred ($100.00) Dollars per lot, and,
BE IT FURTHER RESOLVED:  That all moneys paid into said separate fund be invest by said church council in such interest-bearing securities as to them may seem advisable and that the income therefrom, but never the principal, after payment of the necessary expenses of managing said fund, be used by said church council for the perpetual care of the lots in said cemetery for the perpetual care of wich payments will be made pursuant to this resolution; and
BE IT FURTHER RESOLVED:  That upon the payment of One Hundred ($100) Dorllars or more, per lot, by any lot owner is said cemetery, or by another person that said church council execute and deliver to the person or persons making such payment a perpetual care bond in substantially the following form, to-wit:
“PERPETUAL CARE BOND”
Elim Lutheran Church Cemetery
Scandia, Minnesota
The church council of Elim Lutheran Church of Scandia, Minnesota, a religious corporation, duly organized under the laws of the State of Minnesota, hereby acknowledge the receipt of _________ Dollars from ______________________ for the perpetual care of Lot Number _________ in Block Number ________ in the cemetery of said church located at Scandia, Minnesota.
In consideration of the above named sum of ________ Dollars, said church council of said church, and said church as a corporation for themselves and their successors, hereby agree to and with the said ______________________ heirs, executors, administrators, and assigns, forever, to keep said sum of money in a separate fund known as the “Fund for the Perpetual Care of Burial Lots Located In The Cemetery of Elim Lutheran Church of Scandia, Minnesota, to invest said sum of money in interest-bearing securities and to use the informe from said sum of money for the perpetual care of the burial lot of aforsaid in accordance with the terms and provisions of the resolution adopted by members of said church creating said fund.  IN TESTIMONY WHEREOF, said Elim Lutheran Church of Scandia, Minnesota, and it’s church council, have hereunto subscribed their names this _____________ day of ___________ in the year of our Lord, one thousand nine hundred and __________
ELIM LUTHERAN CHURCH
OF SCANDIA, MINNESOTA

By _____________________ (President)

________________________ Secretary

BE IT FURTHER RESOLVED: That the church council be and they hereby are required and instructed to keep full and complete records concerning said fund hereby authorize to be created, showing amoung other things, the names of the persons making payments thereto, a description of the lots for the perpetual care of which said payments have been made, the amount paid for the perpetual care of ea of said lots, the amount and character of the securities belonging to said fund, the amount of income therefrom, the nature and character of the disbursements from said fund and such other matters as may be necessary and proper, and to report concerning said matters and said fund to the members of said church annually; and,
BE IT FURTHER RESOLVED:  That the church council be and they hereby are given power to adopt such rules and regulations concerning the management and control of the fund hereby authorized to be created, not inconsistent with this resolution, as to them may seem necessary or advisable.

ARTICLE V - Amendments
Section.  These By-Laws may be amended at any meeting of said Elim Lutheran Church of Scandia by a majority vote of all persons present and entitled to vote at such meeting.


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Locating a gravesite or lot.

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Cleaner Graphics

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Tablet Ready

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