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1941 Op. Mo. Att'y Gen. 1 (1941)

handle is hein.sag/sagmo0091 and id is 1 raw text is: 

TAXATION:  Even the cemetery association later  sells off
           part of land said land tax exempt  during time
           held by association for cemetery purposes.





                     January 2, 19441


                                                   F ILED


 Hon  Martin L. Neaf
 Assesior  6t, Louis County
 Clayton, Missouri

 Dear Sir:

           This will acknowledge receipt of your letter of
 December 13, 1940, requesting our opinion on whether
 certain property formally owned by the Memorial Park Cem-
 etery Association was subject to real estate tax during
 said time.

           The facts are, as we understand themi that the
 Association has been in existence about twenty years and
 its original cemetery tract comprised qbout 400 acres of
 lands  A number of years ago 200 acres of this tract was
 abandoned so far as holding it for use for cemetery pur-
 poses is concerned4  Since the beginning the remaining
 200 acres has been dedicated for cemetery purposes.  Drives
 and roadways were lAid out therein and the plat we have
 show's the, Iextend in the pottion in question. From
 time to time throughout the years the tract was land-
 scaped as demands necessitated.  During this time some
 20,000 lots have been sold and over 5,000 bodies have been
 buried in various parts of the 200 tract.  A portion of
 this tract, consisting of 23 acres off the east side, was
 never landscapedi but was included in the original dedi-
 cation aznd over 30 burial lots were sold therein, In
 1939, the Association repurchased the lots sold in this
 28 acre tract, vacated the dedication and sold the whole
 of said 23 acre tract to private enterprise for develop-
 ment as a residential subdivision6

           In our opinion to you under date of June 6, 1940*
 we had occasion to consider a similar question in connec-
 tion with the caretakers plot and house in the Salem Cem-
 etery.  be cited the case of Notional Cemetery Association


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