Title 8, Cemeteries
0 chapters · 200 sections in this title.
La. Rev. Stat. § 8:1 Definitions
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§1. Definitions As used in this Title, the following terms have the following meanings unless the context clearly indicates otherwise: (1) "Board" means the Louisiana Cemetery Board. (2) "Burial" means the placement of human remains in a grave. (3) "Burial park" means a tract of …
La. Rev. Stat. § 8:101 Municipal corporations; establishment and maintenance of cemeteries
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§101. Municipal corporations; establishment and maintenance of cemeteries The governing authority of any municipal corporation may acquire, establish and maintain one or more public cemeteries. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:102 Ordinance creating cemetery; location
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§102. Ordinance creating cemetery; location A public cemetery may be established by an ordinance passed by the governing authority of the municipality. However, no municipal cemetery shall be established at a greater distance than one mile from the limits of the municipality crea…
La. Rev. Stat. § 8:103 Anticipation of revenues; bonds or certificates; taxes
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§103. Anticipation of revenues; bonds or certificates; taxes In order to provide a site or grounds and additions thereto and to provide and maintain streets, curbings, aisles, walkways, outside fences, drainage, and any building that may be needed for the use of a sexton or caret…
La. Rev. Stat. § 8:104 Funds for support and improvement; special municipal election authorized
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§104. Funds for support and improvement; special municipal election authorized In order to maintain streets, aisles, walkways, outside fences, drainage, cut the grass, and plant and care for shrubbery and flowers in any cemetery title to which is in the public and under the contr…
La. Rev. Stat. § 8:105 Maximum tax; use of proceeds
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§105. Maximum tax; use of proceeds The special election called in accordance with the provisions of R.S. 8:103 and 104 may be for a sum not in excess of one mill on the dollar assessment on all immovable property subject to taxation, and may be held under the election laws relati…
La. Rev. Stat. § 8:106 Rules and regulations; sexton and other employees
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§106. Rules and regulations; sexton and other employees The municipal governing authority may establish all rules and regulations deemed necessary for a public cemetery and may employ a sexton and other employees and fix and pay their compensation. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:107 Gifts, donations, and contributions
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§107. Gifts, donations, and contributions The municipal governing authority may accept gifts for purposes of establishing or maintaining a public cemetery, provided there is no condition thereto inconsistent with the purposes set forth in this Chapter. Acts 1974, No. 417, §1; Act…
La. Rev. Stat. § 8:108 Expropriation
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§108. Expropriation A municipal governing authority may expropriate private property, in accordance with law, for the purpose of providing public burial grounds or cemeteries. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:109 Lots, plots, or burial spaces; permits for interment; sale
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§109. Lots, plots, or burial spaces; permits for interment; sale A municipal governing authority may establish lots, plots or interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to…
La. Rev. Stat. § 8:110 Contract to assure proper care; maintenance; and control
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§110. Contract to assure proper care; maintenance; and control A municipal governing authority may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such a period of time as will, in the discretion of the m…
La. Rev. Stat. § 8:111 Roads and drainage; parishes may provide
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§111. Roads and drainage; parishes may provide The governing authority of each parish and municipal corporation in this state is authorized and directed to construct and maintain the necessary roads or streets and to provide for proper drainage in all cemeteries which are publicl…
La. Rev. Stat. § 8:112 Expropriation of abandoned private cemeteries
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§112. Expropriation of abandoned private cemeteries Whenever the governing authority of any municipal corporation or parish determines that a private cemetery within its jurisdiction is not being used or maintained and is in fact abandoned or that there is no longer in existence …
La. Rev. Stat. § 8:113 Powers of parish governing authorities
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§113. Powers of parish governing authorities All the powers and authority granted to municipal corporations under this Chapter shall be granted to and may be exercised by any parish governing authority. Acts 1986, No. 330, §1.
La. Rev. Stat. § 8:114 Publicly owned cemeteries; mandatory trust accounts
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§114. Publicly owned cemeteries; mandatory trust accounts A. Funds received by a municipality for a publicly owned cemetery shall be deposited immediately into a trust account and shall be used by a municipality only for the purposes of constructing, operating, or maintaining a p…
La. Rev. Stat. § 8:121 St
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§121. St. Mary Parish Cemetery District; creation; location The St. Mary Parish Police Jury is hereby authorized to create a Public Cemetery District composed of that part of Police Jury District 3 lying outside of the incorporated municipality of Patterson, that part of Police J…
La. Rev. Stat. § 8:122 Board; qualification of members; appointment; vacancies; removal of members;
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§122. Board; qualification of members; appointment; vacancies; removal of members; officers A. The St. Mary Parish Cemetery District shall be governed by a board of five commissioners, referred to in this Chapter as the board, who shall be qualified voters and residents of the di…
La. Rev. Stat. § 8:123 Corporate status; purpose; powers and duties
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§123. Corporate status; purpose; powers and duties A. The St. Mary Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation. Said district, through its board of commissioners, shall have the power and right to sue and be sued, and to…
La. Rev. Stat. § 8:124 District as political subdivision; election imposing taxes, maximum tax; authority
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§124. District as political subdivision; election imposing taxes, maximum tax; authority The St. Mary Parish Cemetery District is hereby declared to be a political subdivision of the state. For carrying out the purposes of the district as provided in this Chapter, under the provi…
La. Rev. Stat. § 8:131 Rapides Parish Cemetery District; creation; location
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§131. Rapides Parish Cemetery District; creation; location A. The Rapides Parish Police Jury is hereby authorized to create the Rapides Parish Cemetery District, referred to in this Chapter as the "district", to be composed of that part of Rapides Parish located outside the incor…
La. Rev. Stat. § 8:131.1 Board of commissioners; membership; appointment; vacancies; removal of
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§131.1. Board of commissioners; membership; appointment; vacancies; removal of members; officers A. The Rapides Parish Cemetery District shall be governed by a board of nine commissioners, referred to in this Chapter as the board, who shall be qualified voters and residents of th…
La. Rev. Stat. § 8:131.2 Powers and duties of the board; grants; donations
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§131.2. Powers and duties of the board; grants; donations The Rapides Parish Cemetery District, through its board of directors, shall have and may exercise all powers and duties necessary or convenient for carrying out its purposes, excepting the power of taxation. These powers o…
La. Rev. Stat. § 8:132 Grant Parish Cemetery District; creation; boundaries; purpose
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§132. Grant Parish Cemetery District; creation; boundaries; purpose The governing authority of Grant Parish is hereby authorized to create a public cemetery district to be designated as the Grant Parish Cemetery District, the boundaries of which shall be coterminous with the boun…
La. Rev. Stat. § 8:132.1 Board; qualification of members; appointment; vacancies; removal of members;
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§132.1. Board; qualification of members; appointment; vacancies; removal of members; officers A. The Grant Parish Cemetery District shall be governed by a board of five commissioners, referred to in this Chapter as the "board", who shall be registered voters and residents of Gran…
La. Rev. Stat. § 8:132.2 Corporate status; powers and duties
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§132.2. Corporate status; powers and duties A. The Grant Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation. The district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and per…
La. Rev. Stat. § 8:132.3 District as a political subdivision; election imposing taxes, maximum tax; authority
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§132.3. District as a political subdivision; election imposing taxes, maximum tax; authority The Grant Parish Cemetery District shall be a political subdivision of the state. For carrying out the purposes of the district as provided in this Chapter, under the provisions of the Co…
La. Rev. Stat. § 8:133 LaSalle Parish Cemetery District; creation; boundaries; purpose
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§133. LaSalle Parish Cemetery District; creation; boundaries; purpose The governing authority of LaSalle Parish is hereby authorized to create a public cemetery district to be designated as the LaSalle Parish Cemetery District, the boundaries of which shall be coterminous with th…
La. Rev. Stat. § 8:133.1 Board; qualification of members; appointment; vacancies; removal of members;
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§133.1. Board; qualification of members; appointment; vacancies; removal of members; officers A. The LaSalle Parish Cemetery District shall be governed by a board of five commissioners, referred to in this Chapter as the "board", who shall be registered voters and residents of La…
La. Rev. Stat. § 8:133.2 Corporate status; powers and duties
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§133.2. Corporate status; powers and duties A. The LaSalle Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation. The district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and p…
La. Rev. Stat. § 8:133.3 District as a political subdivision; election imposing taxes, maximum tax; authority
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§133.3. District as a political subdivision; election imposing taxes, maximum tax; authority The LaSalle Parish Cemetery District shall be a political subdivision of the state. For carrying out the purposes of the district as provided in this Chapter, under the provisions of the …
La. Rev. Stat. § 8:135 Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose
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§135. Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose The governing authority of Cameron Parish is hereby authorized to create a public cemetery district to be designated as the Sweet Lake - Grand Lake Community Cemetery District, the boundaries…
La. Rev. Stat. § 8:135.1 Board; qualification of members; appointment; vacancies; removal of members;
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§135.1. Board; qualification of members; appointment; vacancies; removal of members; officers A. The Sweet Lake - Grand Lake Community Cemetery District shall be governed by a board of five commissioners, referred to in this Chapter as the "board", who shall be qualified voters a…
La. Rev. Stat. § 8:135.2 Corporate status; powers and duties
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§135.2. Corporate status; powers and duties A. The Sweet Lake - Grand Lake Community Cemetery District shall constitute a body corporate in law, with all the powers of a corporation. The district, through its board of commissioners, shall have the power and right to sue and be su…
La. Rev. Stat. § 8:141 St
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§141. St. Landry Parish Cemetery District; creation; boundaries; purpose The governing authority of St. Landry Parish is hereby authorized to create the St. Landry Parish Cemetery District, referred to in this Chapter as the "district", the boundaries of which shall be coterminou…
La. Rev. Stat. § 8:141.1 Board; qualification of members; appointment; vacancies; officers
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§141.1. Board; qualification of members; appointment; vacancies; officers A.(1) The registered voters of each police jury district in St. Landry Parish may propose the creation and implementation of cemetery districts in each police jury district in the parish. Each such cemetery…
La. Rev. Stat. § 8:141.2 Corporate status; powers and duties
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§141.2. Corporate status; powers and duties A.(1) As soon as practical, the board shall meet and elect, from among their members, a chairman, a vice chairman, and a secretary/treasurer and such other officers as the board deems appropriate. (2) The minute books, archives, funds, …
La. Rev. Stat. § 8:141.3 District as a political subdivision; election imposing taxes, maximum tax; authority
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§141.3. District as a political subdivision; election imposing taxes, maximum tax; authority A. Each district shall be considered a political subdivision of the state, and is granted all the powers to sue and be sued, and own equipment on property acquired by it for cemetery purp…
La. Rev. Stat. § 8:201 Incorporation required
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§201. Incorporation required It is unlawful for any corporation, partnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation authorized to operate a cemetery. The corporation …
La. Rev. Stat. § 8:202 Corporations; how organized
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§202. Corporations; how organized Any private corporation authorized by its articles so to do may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery either for or without profit to its members or stockholders. A non…
La. Rev. Stat. § 8:203 Prior operations not affected
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§203. Prior operations not affected The requirement in R.S. 8:201 shall not apply to any cemetery authority that is in existence and operating on July 31, 1974, and any such cemetery authority may continue to operate despite the fact that it may be owned and operated at the time …
La. Rev. Stat. § 8:204 Specific powers; rulemaking and enforcement
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§204. Specific powers; rulemaking and enforcement A cemetery authority may make, adopt, amend, add to, revise, repeal, or modify, and enforce, rules and regulations for the use, care, control, management, restriction, and protection of all or any part of its cemetery, including w…
La. Rev. Stat. § 8:205 Rules and regulations; posting
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§205. Rules and regulations; posting The rules and regulations made pursuant to R.S. 8:204 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:206 Contracts required; disclosure
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§206. Contracts required; disclosure A cemetery authority offering to provide burial rights or a cemetery authority or other entity offering cemetery related merchandise and services shall provide to the customer, upon purchase, a written contract which complies with the requirem…
La. Rev. Stat. § 8:301 Right to acquire property
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§301. Right to acquire property Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories and columbariums, or other property within which the interment of the dead is or may be authorized by law. Acts 1974, No. 417, §1.
La. Rev. Stat. § 8:302 Surveys and maps
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§302. Surveys and maps A. Every cemetery authority from time to time as its property is developed for cemetery purposes shall, in the case of land, survey and subdivide it into sections, blocks, plots, avenues, walks, or other subdivisions, and make a good and substantial map or …
La. Rev. Stat. § 8:303 Maps and plats; amendment
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§303. Maps and plats; amendment Any part or subdivision of the property as shown in the survey, map, or plat referred to in R.S. 8:302 may, by order of the directors of the cemetery authority, be resurveyed and altered in shape and size and an amended survey, map, or plat may be …
La. Rev. Stat. § 8:304 Permanency of dedication
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§304. Permanency of dedication A. After property is dedicated to cemetery purposes pursuant to this Chapter, neither the dedication nor the title of a plot owner shall be affected by the dissolution of the cemetery authority, by nonuse on its part, by alienation of the property, …
La. Rev. Stat. § 8:305 Rule against perpetuities, etc., inapplicable
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§305. Rule against perpetuities, etc., inapplicable Dedication to cemetery purposes pursuant to this Title is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property but is expressly permitted and shall be…
La. Rev. Stat. § 8:306 Removal of dedication; procedure
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§306. Removal of dedication; procedure A. The following is the intent of the legislature: (1) That the protection of unmarked human burial sites has been entrusted to the Department of Culture, Recreation and Tourism, division of archaeology and the attorney general. (2) Notice o…
La. Rev. Stat. § 8:307 Notice of hearing
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§307. Notice of hearing The notice of hearing by publication provided in R.S. 8:306 shall be given by publication once per week for at least three consecutive weeks in a newspaper of general circulation in the parish where the cemetery is located and the posting of copies of the …