Title 8, Cemeteries
0 chapters · 200 sections in this title.
La. Rev. Stat. § 8:502 Payments to trust; amounts required; master trust fund
3.7K chars
§502. Payments to trust; amounts required; master trust fund A.(1)(a) Any cemetery authority or other entity entering into a contract for the sale of such personal property as described in R.S. 8:501, when the delivery of the personal property within the meaning of R.S. 8:502.1 i…
La. Rev. Stat. § 8:502.1 Determination of personal property delivery
1.7K chars
§502.1. Determination of personal property delivery Personal property shall be delivered within the meaning of R.S. 8:501 when any of the following occur: (1) Actual delivery of the personal property is made to the contract beneficiary. (2) Delivery of the personal property is ma…
La. Rev. Stat. § 8:502.2 Suppliers
1.2K chars
§502.2. Suppliers No person, firm, or corporation shall be considered a supplier for purposes of R.S. 8:502.1 unless it does all of the following: (1) Permanently and unalterably identifies all such personal property with the name of the contract beneficiary. (2) Submits to the b…
La. Rev. Stat. § 8:502.3 Trust fund exempt from seizure
0.4K chars
§502.3. Trust fund exempt from seizure Except as otherwise provided in this Chapter, the principal of the trust fund and all income therefrom shall be exempt from seizure, under any writ, mandate, or process whatsoever, by the creditors of the beneficiaries, the trustee, the ceme…
La. Rev. Stat. § 8:503 Withdrawals from trust
3.5K chars
§503. Withdrawals from trust A. The funds shall be held in trust both as to principal and income earned and shall remain intact, except that the costs of operation of the trust may be deducted from the income earned, until delivery of the personal property is made or the services…
La. Rev. Stat. § 8:504 Payments to purchaser; change of domicile
0.4K chars
§504. Payments to purchaser; change of domicile If after final payment a purchaser moves his domicile to a point that makes delivery of the personal property or services impossible or impractical, the trustee shall refund to the purchaser the principal amount of money on deposit …
La. Rev. Stat. § 8:505 Annual reports by trustee; final accounting by trustee required
1.4K chars
§505. Annual reports by trustee; final accounting by trustee required A. Annually, a trustee, within ninety days after the close of a cemetery authority's business year, shall file with the board a financial report of the merchandise trust fund, setting forth the principal thereo…
La. Rev. Stat. § 8:505.1 Annual report by cemeteries or other entities; report filing fee
1.5K chars
§505.1. Annual report by cemeteries or other entities; report filing fee A. Each cemetery authority or other entity subject to the provisions of this Chapter shall file with the board, no later than six months after the close of the business year, a report setting forth the numbe…
La. Rev. Stat. § 8:505.2 Resignation of trustee; orderly transfer of trust fund
1.3K chars
§505.2. Resignation of trustee; orderly transfer of trust fund Whenever a trustee resigns, all of the following documentation shall be filed with the board to ensure an orderly transfer of the trust fund from the resigning trustee to the successor trustee: (1) A written statement…
La. Rev. Stat. § 8:506 Examination by board; expenses
2.5K chars
§506. Examination by board; expenses A. The board may examine the relevant business books and records identified in Subsection C of this Section of any cemetery authority or other entity that is engaged in making contracts for the sale of personal property or services as contempl…
La. Rev. Stat. § 8:506.1 Failure to make required deposits; action
1.7K chars
§506.1. Failure to make required deposits; action A. If any report filed with, or any examination made by, the board shows that the minimum amounts required have not been collected and deposited in the merchandise trust fund, the board shall require the cemetery authority, or oth…
La. Rev. Stat. § 8:507 Nonwaiver of provisions of Chapter
0.3K chars
§507. Nonwaiver of provisions of Chapter Any provision of any contract for the sale of personal property or the performance of services contemplated in this Chapter which waives any of the provisions of this Chapter shall be void. Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
La. Rev. Stat. § 8:508 Penalties
0.5K chars
§508. Penalties Any cemetery authority or other entity, as defined in this Chapter, failing to make the required deposits to the trust fund or otherwise violating the provisions of this Chapter shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred do…
La. Rev. Stat. § 8:509 Trustee's duty of care
0.3K chars
§509. Trustee's duty of care The trust shall be administered in conformity with R.S. 8:465 with respect to the nature and character of the trust investments and the duties of the trustee. Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 2004, No. 67, §1.
La. Rev. Stat. § 8:510 Exceptions; trust fund transfers
1.4K chars
§510. Exceptions; trust fund transfers A. The provisions of this Chapter shall not apply to any family burial ground or a religious, fraternal, municipal, state, or federal cemetery, except as otherwise provided in R.S. 8:510(B). B.(1) Whenever the ownership or management of a ce…
La. Rev. Stat. § 8:511 Nonretroactive effect
0.2K chars
§511. Nonretroactive effect Notwithstanding any other provision of the law to the contrary, the provisions of this Chapter shall apply only to contracts that are entered into subsequent to July 31, 1974. Acts 1986, No. 113, §1.
La. Rev. Stat. § 8:512 Examination of reports
0.4K chars
§512. Examination of reports The board shall examine the reports filed with it as to their compliance with the requirements of the law. Any formal hearing, court proceeding, or other cause of action against a cemetery authority or trustee based on any report filed by it shall be …
La. Rev. Stat. § 8:601 Application of Chapter
0.4K chars
§601. Application of Chapter This Chapter applies to all structures, including but not limited to mausoleums, tombs, columbariums, niches, lawn crypts, and underground crypts used, intended to be used, or converted or altered for use for the interment of the remains of two or mor…
La. Rev. Stat. § 8:602 Standards of construction
0.4K chars
§602. Standards of construction No structure shall be built or altered for use or to be used for interment purposes unless constructed of such material and workmanship as will insure its durability and permanence. The cemetery authority shall have the right to establish and enfor…
La. Rev. Stat. § 8:603 Ordinances and specifications to be complied with
0.3K chars
§603. Ordinances and specifications to be complied with Each structure shall comply with the ordinances, specifications, and building codes relating to mausoleums and related structures of the state and of the parish and municipality in which the structure is located. Acts 1974, …
La. Rev. Stat. § 8:604 Improper construction a nuisance; penalty
0.4K chars
§604. Improper construction a nuisance; penalty Every owner or builder of a structure erected or converted in violation of this Title shall be guilty of maintaining a public nuisance and, upon conviction, shall be punishable by a fine of not less than five hundred dollars nor mor…
La. Rev. Stat. § 8:605 Construction in compliance with existing laws
0.4K chars
§605. Construction in compliance with existing laws The penalties of this Chapter shall not apply to any structure that is in existence on July 31, 1974, which at the time of construction was constructed in compliance with the laws then existing, provided its continued use is not…
La. Rev. Stat. § 8:606 Commencement and completion requirements; application form; application fee
2.5K chars
§606. Commencement and completion requirements; application form; application fee A.(1) Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a structure which has not yet been constructed, the cemetery authority shall submit to the…
La. Rev. Stat. § 8:61 Cemetery board created; appointments; terms
3.2K chars
§61. Cemetery board created; appointments; terms A. The Louisiana Cemetery Board is hereby created and shall be placed within the office of the governor. The board shall consist of seven members appointed by the governor. There shall be at least one member from each public servic…
La. Rev. Stat. § 8:62 Qualifications of members
0.9K chars
§62. Qualifications of members Except for the two members at large to be appointed by the governor, the remaining members of the board shall be appointed only from persons who have had, immediately preceding their appointment, a minimum of five consecutive years experience in thi…
La. Rev. Stat. § 8:63 Compensation; expenses
0.2K chars
§63. Compensation; expenses The members of the board shall receive no compensation but shall receive necessary traveling and other expenses directly related to the performance of their duties. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:64 Officers; administrative director; employees
0.7K chars
§64. Officers; administrative director; employees The board shall elect a chairperson, vice chairperson, and such other officers as it shall determine from among its members. Each officer shall serve until his successor is elected and takes office. The board may employ, fix the s…
La. Rev. Stat. § 8:65 Meetings
0.2K chars
§65. Meetings The board shall meet at least twice a year and may meet at such other times as it may designate. Meetings may be held at any place within this state. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:651 Interring or cremating
0.4K chars
§651. Interring or cremating Except in cases of lawful dissection or where a dead body shall rightfully be carried through or removed from the state for the purposes of interment or cremation elsewhere, every dead body of a human being lying within this state, and the remains of …
La. Rev. Stat. § 8:652 Unlawful disposal of remains
0.8K chars
§652. Unlawful disposal of remains A. Except in the case of cremated remains or as otherwise provided by law, it shall be unlawful for any person to dispose of any human remains, except fetal remains, without first obtaining certification of the cause of death by the treating phy…
La. Rev. Stat. § 8:653 Opening graves; stealing body; receiving same
1.5K chars
§653. Opening graves; stealing body; receiving same A. Every person who removes the dead body of a human being or any part thereof from a cemetery space where the same has been interred or is awaiting interment or cremation, without authority of law, with intent to sell the same,…
La. Rev. Stat. § 8:654 Mutilating, disinterring human remains; penalty
0.3K chars
§654. Mutilating, disinterring human remains; penalty Whoever mutilates any human remains without authority of law shall be punished by imprisonment for not more than three years or by a fine of not more than one thousand dollars, or both. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:655 Right of disposing of remains; military personnel; limitation of liability
3.8K chars
§655. Right of disposing of remains; military personnel; limitation of liability A. Except as provided in Subsection F of this Section, unless other specific directions have been given or the designation of a specific person to control disposition has been made by the decedent in…
La. Rev. Stat. § 8:656 Effect of authorization
0.4K chars
§656. Effect of authorization Any person signing any authorization for the interment of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred, and his authority to order the interment. …
La. Rev. Stat. § 8:657 Right to rely on such authorization
0.5K chars
§657. Right to rely on such authorization The cemetery authority may inter any remains upon the receipt of a written authorization of a person representing himself to be the person who has the prior right to control the disposition of the remains in accordance with R.S. 8:655. A …
La. Rev. Stat. § 8:658 Liability for damages; limitation
0.3K chars
§658. Liability for damages; limitation No action shall lie against any cemetery authority relating to the remains of any person which have been left in its possession for a period of sixty days, unless a written contract has been entered into with the cemetery authority for the …
La. Rev. Stat. § 8:659 Permission to move remains
1.1K chars
§659. Permission to move remains A. The remains of a deceased person may be moved from a cemetery space to another cemetery space in the same cemetery or to another cemetery with the consent of the cemetery authority and the written consent of one of the following, in the order n…
La. Rev. Stat. § 8:66 Administration and enforcement of law
0.1K chars
§66. Administration and enforcement of law The board shall enforce and administer the provisions of this title. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:66.1 Investigations
3.6K chars
§66.1. Investigations A. For purposes of discovering a violation of this Chapter or implementing rules or orders issued pursuant to this Title, the board may perform any of the following: (1) Make such public or private investigations within or outside of this state as the board …
La. Rev. Stat. § 8:66.2 Cease and desist orders
1.0K chars
§66.2. Cease and desist orders A. If it appears to the board after conducting an investigation in accordance with R.S. 8:66.1 that a person has engaged in an act or practice constituting a violation of this Title, or the implementing of rules or orders issued in accordance with t…
La. Rev. Stat. § 8:660 Exceptions
1.3K chars
§660. Exceptions The foregoing Sections shall not apply to or prohibit the following: (1) The rearrangement of remains within the same cemetery space by or with the consent of the cemetery authority for the purpose of rearrangement or reuse in cemeteries which allow for rearrange…
La. Rev. Stat. § 8:661 Undisposed remains; rules and regulations
0.7K chars
§661. Undisposed remains; rules and regulations Whenever any human remains have been in the lawful possession of any cemetery authority for a period of sixty days or more, and the relatives of or persons interested in the deceased person fail, neglect, or refuse for such periods …
La. Rev. Stat. § 8:662 Record of remains to be kept
0.4K chars
§662. Record of remains to be kept The cemetery authority in charge of any premises on which interments are made shall keep a record of all remains interred on the premises under its charge, in each case stating the name of each deceased person, date of interment, location of int…
La. Rev. Stat. § 8:663 Collection, analysis, and reburial of exposed human skeletal remains
7.6K chars
§663. Collection, analysis, and reburial of exposed human skeletal remains A. The legislature hereby finds that exposed human skeletal remains in cemeteries, while harmless from a public health perspective, are nonetheless disrespectful to those interred in the cemetery and are s…
La. Rev. Stat. § 8:67 Rules and regulations
0.5K chars
§67. Rules and regulations The board may establish necessary rules and regulations for the administration and enforcement of this Title and prescribe the form of statements and reports provided for in this Title, but such rules and regulations shall not be in conflict with or con…
La. Rev. Stat. § 8:671 Short title
0.2K chars
§671. Short title This Chapter shall be known as the "Louisiana Unmarked Human Burial Sites Preservation Act". Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
La. Rev. Stat. § 8:672 Legislative declaration of intent
1.1K chars
§672. Legislative declaration of intent The legislature finds that existing state laws do not provide for the adequate protection of unmarked burial sites and of human skeletal remains and burial artifacts in such sites. As a result, there is a real and growing threat to the safe…
La. Rev. Stat. § 8:673 Definitions
1.2K chars
§673. Definitions As used in this Chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (1) "Burial artifact" means any item of human manufacture or use that is in an unmarked burial site. (2) "Disturb" includes excavating, remov…
La. Rev. Stat. § 8:674 Exclusions
0.5K chars
§674. Exclusions This Chapter shall not apply to the following: (1) A cemetery operated under the authority and regulation of the Louisiana Cemetery Board, or any recognized and maintained municipal, fraternal, religious, or family cemetery. (2) The use of land for purposes of fa…
La. Rev. Stat. § 8:675 Repealed by Acts 2009, No
0.0K chars
§675. Repealed by Acts 2009, No. 438, §6B.