Title XII — PUBLIC HEALTH AND WELFARE

214.010. Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties. — Any town, city, village or county in the state of Missouri may purchase, receive and hold real estate within such city, town, village or county for the burial …

214.020. City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund. — Any town, city or village in the state of Missouri which now owns or may hereafter acquire any cemetery, may by ordinance establish a fund for the preservation, car…

214.030. Cemetery lots, conveyed by deed. — The cemetery lots owned by such county, city, town or village shall be conveyed by deed signed by the mayor or presiding commissioner of said county, city, town or village, duly attested by the clerk of such county, city, town or villag…

214.035. Conveyance of cemetery property to political subdivision, when — notice of transfer. — 1. For purposes of this section, the term "lot owner" means the purchaser of the cemetery lot or such purchaser's heirs, administrators, trustees, legatees, devisees, or assigns. 2. Wh…

214.040. Plots and records of cemeteries to be maintained, where — requirements. — 1. Every person or association which owns any cemetery in which dead human remains are or may be buried or otherwise interred, except a private or family cemetery, shall cause to be maintained in a…

214.041. Construction of roads prohibited in cemetery — exceptions. — No road shall be constructed in any cemetery over a burial lot in which dead human remains are buried. Temporary access routes over burial lots may be used in the operation or maintenance of the cemetery or use…

214.050. Power to vacate streets vested in county commissions. — The county commissions of the several counties of this state are hereby vested with power to vacate any streets, avenues, thoroughfares or places heretofore dedicated, or which may hereafter be dedicated to public u…

214.060. Petition to be presented to county commission — remonstrance may be filed. — Whenever it is desired to have any street, avenue, thoroughfare or place in any cemetery vacated, the corporation, association or person owning or controlling such cemetery shall present to the …

214.070. Terms defined. — Wherever in sections 214.050 and 214.060 the term "street", "avenue", "thoroughfare" or "place" is used, the same shall be construed to mean any tract of land or part thereof in any cemetery set aside by plat or otherwise for the general use of the publi…

214.080. Proceedings to enlarge. — Whenever it shall become absolutely necessary to enlarge any public burial ground or cemetery, and when the public, to the number of five or more persons, interested in the enlargement of said burial grounds or cemetery, and the owner or owners …

214.090. Family burying grounds, how secured. — Any person desirous of securing family burying ground or cemetery on his or her lands, may convey to the county commission of the county in which the land lies any quantity of land not exceeding one acre, in trust for the purpose ab…

214.120. Costs, who liable for. — The cost of the prosecution under the provisions of this chapter, and all other costs necessarily incurred in superintending and protecting such burying grounds or cemeteries, shall be a charge upon the owners, for the time being, of the tracts o…

214.130. County commission and incorporated cemetery company to receive grants and bequests in trust. — It shall be lawful for the county commission of any county in which any family burying ground or cemetery, conveyed as aforesaid to said commission, is situated, to take and ho…

214.131. Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined. — Every person who shall knowingly destroy, mutilate, disfigure, deface, injure or remove any tomb, monument or gravestone, or ot…

214.132. Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter. — 1. Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely s…

214.140. Property placed in trust for benefit of cemeteries. — It shall be lawful for any grantor, devisor, donor or trustee to give, grant, devise, bequeath or place in trust any real or personal property, or the income therefrom, for the use and benefit of any public or private…

214.150. County commissions shall become trustees and custodians. — The county commissions of the respective counties of this state shall become trustees and custodians of any fund or funds which may be created by any person or persons, firm or corporation, for the purpose of mai…

214.160. Investment or lending of trust funds — investment manager, duties — definitions. — 1. Under sections 214.140 to 214.180, and as otherwise not prohibited under Article VI, Section 23 of the Constitution of Missouri, the county commission may invest or loan said trust fund…

214.170. May designate responsible organization or individual to administer the income. — Any responsible organization or individual, who is directly interested in a particular cemetery, who is willing to undertake the administration of the income from all trusts and gifts to thi…

214.180. Shall keep record of receipts and disbursements. — The clerk of the commission shall keep in a separate record book all receipts and disbursements of each and every trust fund or funds and a detailed account of the management of the same. ­­-------- (RSMo 1939 § 15271) P…

214.190. Cemetery not subject to execution, dower or partition — exception. — Lands or property, set apart as burial grounds, either for public or private use, and so recorded in the recorder's office of the county where such lands are situated, or any burial ground that may have…

214.200. Title, how obtained to lands used for burial purposes. — When lands shall have been continuously used as a public or private burial ground for a period of ten years or more and such land has not been deeded to the public for the purpose of a burial ground, a title may be…

214.205. Violation of nuisance ordinance — abandonment — action authorized — costs — eminent domain. — 1. If any cemetery not described in section 214.090 is found to be in violation of a city, town, village or county nuisance ordinance for failure to cut grass or weeds, or care …

*214.208. Disinterment authorized, when — consent required, when — cemetery owner not liable, when. — 1. Every person or association which owns any cemetery in which dead human remains are buried or otherwise interred is authorized, at the cemetery owner's expense, to disinter in…

214.209. Abandonment of burial site, rights revert to cemetery. — 1. After a period of seventy-five years since the last recorded activity on a burial site and after a reasonable search for heirs and beneficiaries, the burial site shall be abandoned and the right of ownership in …

214.210. Certain cities may accept or acquire cemetery lands. — Any city in this state now or hereafter containing a population of three hundred thousand or more, and less than six hundred thousand inhabitants according to the now or then last preceding United States census may, …

214.220. Lands or shares subject to all vested rights. — Any such acquisition of lands or shares shall be subject to all vested rights of individual owners of the lots or allotted burial spaces in any such cemetery to continue lawful use thereof for burial purposes and to have th…

[Repealed or reserved.]

214.240. City may provide and enforce rules and regulations. — Such cemetery lands and premises so acquired or the majority control of which may be acquired, shall by the city be kept and used for park purposes as a park for rest and contemplation and as may be reasonably consist…

214.250. Proceedings to establish cemetery in first class counties — petition by taxpayers. — Before any new burial ground, cemetery or graveyard can be opened up, established, started or operated in any town, village, city, county, township, school district or any other politica…

214.260. Penalty for violation. — Any person, persons, association or corporation who shall violate the provisions of section 214.250 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or more than five hundred dollars and each …

214.270. Definitions. — As used in sections 214.270 to 214.410, the following terms mean: (1) "Agent" or "authorized agent", any person empowered by the cemetery operator to represent the operator in dealing with the general public, including owners of the burial space in the cem…

214.275. License, cemeteries — division's powers and duties — limitations. — 1. No endowed care or nonendowed care cemetery shall be operated in this state unless the owner or operator thereof has a license issued by the division and complies with all applicable state, county or …

214.276. Refusal to issue license, grounds — complaint, procedure. — 1. The division may refuse to issue or renew any license, required pursuant to sections 214.270 to 214.516 for one or any combination of causes stated in subsection 2 of this section. The division shall notify t…

214.277. Injunctions, restraining orders, other court remedies available — venue. — 1. Upon application by the division, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to en…

214.280. Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized. — 1. Operators of all existing cemeteries shall, prior to August twenty-eighth following August 28, 1994, ele…

214.282. Voidability of contracts, exceptions. — 1. Each contract sold by a cemetery operator for cemetery services or for grave lots, grave spaces, markers, monuments, memorials, tombstones, crypts, niches, mausoleums, or other receptacles shall be voidable by the purchaser and …

214.283. Notification of burial lands — registry of cemeteries to be kept by division — fee may be charged for copies — surveyor locating unregistered cemetery to file with division, form. — 1. Any person, entity, association, city, town, village, county or political subdivision …

214.300. Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established. — Any cemetery operator may, after October 13, 1961, qualify to operate a cemetery which has been operated as a nonendowed cemetery for a minimum of two years, as an e…

214.310. Endowed care and maintenance fund, minimum amount — bond — posting of sign, when, information required. — 1. Any cemetery operator who elects to operate a new cemetery as an endowed care cemetery or who represents to the public that perpetual, permanent, endowed, continu…

214.320. Deposits in fund required, amount — annual report, form furnished by division — audits may be conducted, when — exemption from chapter 436 requirements, when. — 1. An operator of an endowed care cemetery shall establish and deposit in an endowed care trust fund not less …

214.325. Required deposits — deficiency — effect — penalty. — If the deposits to any endowed care trust fund are less than the total sum required to be set aside and deposited since the effective date of such sections, the cemetery operator shall correct such deficiency by deposi…

214.330. Endowed care fund held in trust or segregated account — requirements — duties of trustee or independent investment advisor — operator's duties — endowed care fund agreement. — 1. (1) The endowed care trust fund required by sections 214.270 to 214.410 shall be permanently…

214.335. Contributions to endowed care fund for memorial or monument — deficiency, effect of. — 1. Any endowed care cemetery may require a contribution to the endowed care fund or to a separate memorial care fund for each memorial or monument installed on a grave in the cemetery.…

214.340. Report required — content — oath — filing required. — 1. Each operator of an endowed care cemetery shall maintain at an office in the cemetery or, if the cemetery has no office in the cemetery, at an office within a reasonable distance of the cemetery, the reports of the…

214.345. Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public. — 1. Any cemetery operator who negotiates the sale of burial space in any cemetery located in this state shall provide each prospective owner of burial s…

214.360. Private use of trust funds prohibited. — No cemetery operator, nor any director, officer or shareholder of any cemetery may borrow or in any other way make use of the endowed care trust funds for his own use, directly or indirectly, or for furthering or developing his or…

214.363. Bankruptcy, assignment for benefit of creditors, endowed care fund exempt. — In the event of a cemetery's bankruptcy, insolvency, or assignment for the benefit of creditors, the endowed care trust funds shall not be available to any creditor as assets of the cemetery's o…

214.365. Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties. — Prior to any action as provided in subsection 2 of section 214.205, and when the division has information that a cemetery is not providing maintenance and care, has been aba…

214.367. Sale of assets, notice required — prospective purchaser of endowed care cemetery, right to recent audit — right to continue operation, notification by division. — 1. Prior to selling or otherwise disposing of a majority of the business assets of a cemetery, or a majority…