Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to: (1) a cemetery owned by a municipal corporation or other governmental unit; (2) a religious cemetery; or (3) a cemetery: (A) that is ten (10) acres or less in size; (B) that is owned and operated entirely and exclusively by a nonprofit mutual association in existence on June 14, 1939; and (C) in which burials have taken place before June 14, 1939. (b) If a cemetery described in subsection (a)(3) directly or indirectly: (1) constructs or permits to be constructed any structure, above or below ground, and offers interment rights in the structure for sale to the general public; or (2) acquires: (A) additional land; or (B) an interest in additional land; causing the cemetery to exceed ten (10) acres in size; this chapter applies to the whole of the cemetery.
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