§ 38-92. Title transfer requests without judgment of possession, act translative of title.

(a)

Any person claiming to be the successor in interest of any person in whose name title to a space or plot within a city cemetery is held, and who desires that the title to such space or plot be transferred to the claimant's name, and who does not or cannot comply with the provisions of section 38-91(a), shall include with the application for transfer:

(1)

A notarized affidavit of death and heirship showing the relationship of the person requesting such transfer to the title holder of record of the space or plot for which the title transfer is requested and outlining the requesting party's line of descent from the title holder of record, stating the names of all of the descendants and all of the collateral relations, and their descendants, of the title holder of record and whether such persons are dead or alive, and further stating that the person requesting the transfer of title shall hold the city harmless from and indemnify the city for all claims, suits, demands or judgments arising out of or in connection with the use, by the party requesting the transfer of title, of the space or plot within the city cemetery; and

(2)

An affidavit of a disinterested, but informed, person, setting forth the facts of the death of the title holder of record and identifying the spouse and descendants and heirs of the title holder of record. The affidavits shall be approved as to form and legality by the city attorney.

(b)

An application for a transfer of title under this section shall be deemed to be a request for a grant of the servitude of right of use over the space or plot for which the title transfer is requested, and the requesting party shall be granted such a servitude by the department of property management with priority over any other application then pending for a grant of servitude of right of use for spaces or plots within the city cemetery in which the space or plot in question is located. The servitude of right of use granted pursuant to this section shall be subject to all restrictions and charges provided for by this division; provided, however, that such servitude shall be revocable by the city, without compensation beyond the return of a pro-rata amount of the price charged for the servitude, upon the presentation to the director of the department of property management of a judgment of a court of competent jurisdiction placing any other person, or the grantee of the servitude, in possession of the space or plot at issue as the lawful owner.

(Code 1956, § 13-33)