Title 8, Cemeteries
0 chapters · 200 sections in this title.
La. Rev. Stat. § 8:676 Powers and duties of the secretary
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§676. Powers and duties of the secretary A. The secretary shall have the following powers and duties: (1) To implement and to enforce this Chapter and the powers and duties assigned to the secretary by law. (2) To adopt such rules and regulations as are necessary to implement and…
La. Rev. Stat. § 8:677 Revocation or suspension of permits
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§677. Revocation or suspension of permits A. The secretary may revoke or suspend any permit issued under the provisions of this Chapter upon a determination that the holder of the permit has violated the provisions of this Chapter or the rules and regulations adopted pursuant the…
La. Rev. Stat. § 8:678 Unlawful acts
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§678. Unlawful acts A. It is unlawful for any person, entity, or group, to whom the secretary has not issued a permit, to knowingly: (1) Disturb an unmarked burial site or any human skeletal remains or burial artifacts in an unmarked burial site. (2) Buy, sell, barter, exchange, …
La. Rev. Stat. § 8:679 Civil remedies
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§679. Civil remedies A. The secretary may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter or the laws or administrative rules administered or enforced by the secretary. B. The secretary may also institute civil proceedings …
La. Rev. Stat. § 8:68 Hearings
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§68. Hearings In conducting hearings or other proceedings as authorized hereunder, the board shall comply with and have all authority granted to it under the provisions of the Administrative Procedure Act, R.S. 49:950 et seq. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:680 Discovery of unmarked burial sites, human skeletal remains, and burial artifacts
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§680. Discovery of unmarked burial sites, human skeletal remains, and burial artifacts A. Any person who has reason to believe he has discovered an unmarked burial site or received human skeletal remains from an unmarked burial site shall notify the law enforcement agency of the …
La. Rev. Stat. § 8:681 Disposition of unmarked burial sites, human skeletal remains, and burial artifacts
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§681. Disposition of unmarked burial sites, human skeletal remains, and burial artifacts A. Whenever an unmarked burial site, human skeletal remains from an unmarked burial site, or burial artifacts are reported to the secretary, the disposition of unmarked burial sites, human sk…
La. Rev. Stat. § 8:69 Actions to enforce law; attorney general; special counsel
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§69. Actions to enforce law; attorney general; special counsel The attorney general shall represent the board in all matters pertaining to the administration or enforcement of this Title, or both, except in those matters in which the board has employed special counsel. The board …
La. Rev. Stat. § 8:69.1 Service of pleadings upon board
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§69.1. Service of pleadings upon board Upon commencement of any action wherein a person or cemetery authority is alleged to be operating or conducting a cemetery business is named defendant1 the plaintiff's attorney shall mail a copy of the petition to the board within ten days o…
La. Rev. Stat. § 8:69.2 Receiverships; procedure; powers, duties, and qualifications; disposition of cemetery
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§69.2. Receiverships; procedure; powers, duties, and qualifications; disposition of cemetery A. The Louisiana Cemetery Board shall notify the attorney general of the potential need for the establishment of a receivership if the board finds that a cemetery meets one or more of the…
La. Rev. Stat. § 8:70 Application for certificate of authority
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§70. Application for certificate of authority The initial application for a certificate of authority, including without limitation an application for a new certificate required by R.S. 8:76, shall be made in writing by a cemetery authority to the board on a form prescribed by the…
La. Rev. Stat. § 8:701 Application
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§701. Application This Chapter applies to all undeveloped land of a cemetery authority that is used, intended to be used, or converted into use for the interment of human remains. Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
La. Rev. Stat. § 8:702 Standards of construction
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§702. Standards of construction No undeveloped land shall be sold or otherwise disposed of for use for the interment of human remains unless the person, cemetery authority, or other entity that intends to sell or otherwise dispose of such land for such use has made reasonable and…
La. Rev. Stat. § 8:703 Compliance with ordinances and specifications
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§703. Compliance with ordinances and specifications The development of the undeveloped land shall comply with the laws, ordinances, building codes, and any and all other lawful requirements of the state, parish, and municipality in which the land is located. Acts 1974, No. 417, §…
La. Rev. Stat. § 8:704 Improper use a nuisance; penalty
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§704. Improper use a nuisance; penalty Every landowner who sells or otherwise disposes of or causes or permits the sale or other disposition of undeveloped land for use for the interment of human remains in violation of this Section shall be guilty of maintaining a public nuisanc…
La. Rev. Stat. § 8:705 Construction in compliance with existing laws
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§705. Construction in compliance with existing laws The penalties of this Title shall not apply as to any land that is being used for the interment of human remains if the continued use of such land is not in violation of the laws for the protection of public health. Acts 1974, N…
La. Rev. Stat. § 8:705.1 Commencement requirements; application form; application fee
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§705.1. Commencement requirements; application form; application fee A. Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a garden which has not yet been developed, the cemetery authority shall submit to the board all of the fol…
La. Rev. Stat. § 8:706 Commencement and completion requirements
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§706. Commencement and completion requirements A. A cemetery authority shall commence the installation of the necessary improvements to the undeveloped land in which sales, contracts for sales, or reservations for sales are being made, within twenty-four months after the date of …
La. Rev. Stat. § 8:71 Proof of applicant's compliance with law, rules, and regulations; financial
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§71. Proof of applicant's compliance with law, rules, and regulations; financial responsibility and reputation The board, by a majority vote of its members, shall determine that the applicant and its officers, directors, owners, and managerial personnel are financially responsibl…
La. Rev. Stat. § 8:72 Certificates; regulatory charges; suspension; restoration; late charge; requirement of
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§72. Certificates; regulatory charges; suspension; restoration; late charge; requirement of certificate A. The regulatory charges for a certificate of authority at all periods of the year are the same as provided in this Chapter. All regulatory charges shall be payable at the tim…
La. Rev. Stat. § 8:73 Regulatory charges; rate
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§73. Regulatory charges; rate A. Every cemetery authority shall pay, for each cemetery operated by it, an annual regulatory charge, as fixed by the board, of not more than five dollars for each interment, entombment, and inurnment made during the preceding full calendar year, but…
La. Rev. Stat. § 8:74 Sale or interment; certificate of authority; penalty
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§74. Sale or interment; certificate of authority; penalty It shall be a misdemeanor for any person to operate or conduct a cemetery business without a valid, subsisting, and unsuspended certificate of authority. Each sale, interment, or other act constituting the operation or con…
La. Rev. Stat. § 8:75 Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional
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§75. Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders A. For violation of any provision of this Title or the rules or regulations adopted and promulgated by the board in accordance with the Administrative Procedure Act, the board, b…
La. Rev. Stat. § 8:76 Sale or transfer of cemetery authority; application for new certificate of authority;
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§76. Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge A. Within thirty days after the sale or transfer of ownership or control of a cemetery or cemetery authority, the transferor shall return its certificate of…
La. Rev. Stat. § 8:77 Cemetery fund
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§77. Cemetery fund All monies received by the board shall be held by the treasurer of the board and shall be used to pay for services, machinery, equipment and supplies, travel and living expenses where necessary, and such other expenses as may be reasonably required in the order…
La. Rev. Stat. § 8:78 Exemptions; exempt certificates of authority; renewal; fees
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§78. Exemptions; exempt certificates of authority; renewal; fees A. The provisions of R.S. 8:70, 71, 72, 73, and 76 shall not apply to family burial grounds, fraternal cemeteries, municipal cemeteries, community cemeteries, state cemeteries, federal cemeteries, or religious cemet…
La. Rev. Stat. § 8:79 Actions for violation of this Title
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§79. Actions for violation of this Title No action or claim based on or arising out of a violation of this Title or any rules or regulations of the board shall be brought unless a complaint is issued by the board in accordance with R.S. 8:66.1 or legal proceedings are filed in a …
La. Rev. Stat. § 8:801 Recognized owner of title
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§801. Recognized owner of title The person or persons or entity in whose names the official title to a cemetery space appears in the official records of a cemetery authority shall be treated as the owner of the space by the cemetery authority. Acts 1974, No. 417, §1; Acts 2022, N…
La. Rev. Stat. § 8:802 Transfer of ownership rights
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§802. Transfer of ownership rights A. In order to insure that at all times the cemetery authority will have complete and accurate records, the sale or transfer of any right of interment or cemetery space, shall not be binding upon a cemetery authority until approved in writing by…
La. Rev. Stat. § 8:803 Descent of title to cemetery space
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§803. Descent of title to cemetery space Except as otherwise provided in this Chapter, every right of interment and cemetery space shall be subject to the laws of this state pertaining to community property, inheritance, including but not limited to the laws of intestacy, donatio…
La. Rev. Stat. § 8:804 Affidavit as authorization
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§804. Affidavit as authorization In the absence of a formal judgment of possession in the succession of the record owner of a cemetery space or right of interment, an affidavit by a disinterested but informed person of the facts setting forth the fact of the death of the record o…
La. Rev. Stat. § 8:805 When right of interment or cemetery space is inalienable
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§805. When right of interment or cemetery space is inalienable Subject to the approval of the cemetery authority, any cemetery space in any cemetery may be conveyed by the owner or owners, by proper instrument in a form approved by the cemetery authority, or such conveyance may b…
La. Rev. Stat. § 8:806 Rights of co-owners
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§806. Rights of co-owners When the record title to a cemetery space or right of interment is in the names of two or more persons, each shall be considered as having a vested right therein and no conveyance or other disposition of the space or right shall be recognized without the…
La. Rev. Stat. § 8:807 Co-owners; identification
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§807. Co-owners; identification An affidavit by any informed but disinterested person having knowledge of the facts setting forth the fact of the death of one co-owner and establishing the identity of the surviving co-owner named in the deed to any cemetery space or right of inte…
La. Rev. Stat. § 8:808 Co-owners may designate representative
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§808. Co-owners may designate representative When there are two or more owners of a cemetery space or right of interment, they may designate one or more persons, firms or corporations, trustees, or other entities to represent them and, upon filing written notice of designation wi…
La. Rev. Stat. § 8:809 Waiver of right of interment
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§809. Waiver of right of interment Any surviving spouse, parent, child, or heir having a right of interment in an interment space may waive such right in favor of any other relative or spouse of a relative of the deceased record owner. Upon such waiver, the remains of the person …
La. Rev. Stat. § 8:810 Termination of vested right by waiver
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§810. Termination of vested right by waiver A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:811 Limitations on vested rights
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§811. Limitations on vested rights No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred, nor does it give any person t…
La. Rev. Stat. § 8:812 Conveyance of cemetery spaces; formality and recordation
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§812. Conveyance of cemetery spaces; formality and recordation Cemetery authorities that own land destined as places for the interment of human remains may convey portions thereof, or cemetery spaces located therein, for interments. The acts of conveyance shall be passed under th…
La. Rev. Stat. § 8:813 Correction of errors
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§813. Correction of errors A cemetery authority shall have the right to correct any and all errors that may occur in or in connection with the operation of the cemetery, including without limitation those involving or in connection with the making of an interment, disinterment, o…
La. Rev. Stat. § 8:814 Repealed by Acts 2010, No
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§814. Repealed by Acts 2010, No. 175, §6.
La. Rev. Stat. § 8:901 Unlawful to use, lease, or sell for drilling, mining, or prospecting; penalty
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§901. Unlawful to use, lease, or sell for drilling, mining, or prospecting; penalty A. It shall be unlawful to use, lease, or sell any tract of land which is platted, laid out, or dedicated for cemetery purposes and in which human bodies are interred, on any part of such tract, f…
La. Rev. Stat. § 8:902 Underground burials; depth
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§902. Underground burials; depth Any cemetery sexton or other person digging graves for underground interments shall dig sufficiently deep to allow for at least two feet of soil to cover the entire area of the casket, unless the interment is in a burial vault, coping, or lawn cry…
La. Rev. Stat. § 8:903 Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned
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§903. Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces A. Cemetery authorities may renovate and repair but not demolish, at their own cost or in conjunction with any private, state, or federal grant or fund, cemetery spaces with…
La. Rev. Stat. § 8:903.1 Cemeteries; maintenance of vaults and wall vaults more than fifty years old;
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§903.1. Cemeteries; maintenance of vaults and wall vaults more than fifty years old; reclamation by authority A. Cemetery authorities of municipal, religious, and nonprofit cemeteries may renovate, repair, and maintain vaults and wall vaults in question, at their own cost or in c…
La. Rev. Stat. § 8:904 Speculative sales and purchases prohibited; penalties
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§904. Speculative sales and purchases prohibited; penalties A. It is declared to be against the public policy of this state for any person, firm, corporation, association, or other legal entity to speculate in interment spaces. Accordingly, it shall be unlawful for any person, fi…
La. Rev. Stat. § 8:905 Upkeep of cemeteries; local ordinance authorized; penalty; definition of shareholder
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§905. Upkeep of cemeteries; local ordinance authorized; penalty; definition of shareholder A. Each municipality having a population of twenty-five thousand or less persons according to the latest federal decennial census and having a commission form of government shall be authori…
La. Rev. Stat. § 8:906 Additional ad valorem tax; Evangeline Parish
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§906. Additional ad valorem tax; Evangeline Parish Notwithstanding the rate limitations of R.S. 8:105 and of R.S. 33:2740.1 but otherwise in accordance with R.S. 8:104 and 105, the governing authority of Evangeline Parish may levy an ad valorem tax not in excess of two mills when…
La. Rev. Stat. § 8:907 Interment of pet remains
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§907. Interment of pet remains A. The interment of pet remains in a cemetery may be available to an owner of a cemetery space and other persons having the right of interment in a cemetery space only in those circumstances where all of the following occur: (1) The cemetery space i…
La. Rev. Stat. § 8:908 Abatement of public health or safety risks in abandoned cemeteries
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§908. Abatement of public health or safety risks in abandoned cemeteries A. A governing body of a municipal or parochial government may authorize the use of that government's labor and resources to abate a public health or safety risk of an abandoned cemetery when the cemetery is…