Title 40

NRS 452.026 Regulations of Board. The Board may adopt reasonable regulations, suitably designed to protect the public, for those aspects of the operation of a cemetery which are not governed by the regulations of the Commissioner of Insurance pertaining to endowment care. (Added …

NRS 452.027 Cooperation and exchange of information between Administrator and Board. The Administrator and the Board shall cooperate in the performance of their respective duties pursuant to this chapter and shall exchange any information, statistics or data in their records that…

NRS 452.030 Owner to keep cemetery in orderly condition; enforcement authority of board of county commissioners, district attorney and relative of person interred; exceptions. 1. Except as otherwise provided in subsection 4, every owner of a cemetery shall keep the same in an ord…

NRS 452.050 Authority to provide endowment care; permit from Administrator; exempt cemeteries; handling of funds. 1. Every cemetery authority operating a cemetery which is not exempt pursuant to subsection 2 shall place its cemetery under endowment care and establish, maintain an…

NRS 452.060 Investment of principal of funds: Disposition of income; separate records for funds required; duties of trustee; authority of cemetery authority to operate fund as unitrust or change method, rate or frequency of disbursements. 1. The principal of all funds for endowme…

NRS 452.070 Authority may collect fee from purchaser of plot for maintenance of cemetery. The cemetery authority may from time to time adopt plans for the general care, maintenance and embellishment of its cemetery, and charge and collect from all subsequent purchasers of plots s…

NRS 452.080 Agreement for endowment care. Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of conveyance or by separate instrument an agreement to use the money disbursed from such endowm…

NRS 452.090 Agreement concerning maintenance of plot. Upon the application of an owner of any plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowment care a cemetery authority may enter into an agreement with the ow…

NRS 452.100 Trustees of endowment care fund: Appointment; right of director to serve; limitation on compensation; appointment of bank or trust company as sole trustee. 1. The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its en…

NRS 452.110 Bequests to fund; fund and contributions for charitable purposes; gifts not invalidated by uncertainty of beneficiaries; fund not subject to rule against perpetuities. 1. A cemetery authority which has established an endowment care fund may take, receive and hold as a…

NRS 452.120 Requirements for deposit by endowment care cemetery. An endowment care cemetery shall deposit in its endowment care fund, no later than 30 days following the end of the month in which the final payment is received for the sale of a grave, lawn crypt space, niche or ma…

NRS 452.130 Additional deposit required before disposition of plot. 1. In addition to the requirements of NRS 452.120, any endowment care cemetery hereafter established shall also have deposited in its endowment care fund or maintenance fund the additional sum of $25,000 or have …

NRS 452.140 Endowment care cemetery may contain area without endowment care; requirements. 1. A cemetery which otherwise complies with NRS 452.120 may be designated an endowment care cemetery even though it contains a small section which may be sold without endowment care, if the…

NRS 452.150 Requirements for endowment or nonendowment care cemetery: Posting of signs; heading and contents; notice of nonendowment care on contracts and publications; revision and verification of signs and report. 1. Each endowment care cemetery shall post in a conspicuous plac…

NRS 452.160 Use of funds; authorized investments; annual financial statements. 1. Endowment care funds must not be used for any purpose other than to provide for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, …

NRS 452.165 Operation of endowment care fund as unitrust: Written investment policy; maximum amount of disbursements; trustee prohibited from making disbursement in certain circumstances; authority of Administrator to prohibit disbursement. 1. The trustee of an endowment care fun…

NRS 452.170 Endowment care fund: Acceptance of gifts; uses; contributions for charitable purposes; gifts not invalidated by uncertainty of beneficiaries; rule against perpetuities inapplicable. 1. A cemetery authority which has established an endowment care fund may also take and…

NRS 452.180 Misrepresentations concerning endowment care fund; penalties; investigation by Administrator; applicability. 1. It is unlawful for a cemetery authority, its officers, employees or agents, or a seller or agent certified or licensed pursuant to NRS 689.450 to 689.595, i…

NRS 452.200 Liability and penalty for unauthorized use or investment of funds. Any member of a board of trustees or any officer or director of a corporation or association violating any of the provisions of NRS 452.160 shall be personally liable therefor, and shall upon convictio…

NRS 452.210 Construction of mausoleum, vault or crypt: Adoption and enforcement of regulations of State Board of Health; approval of plans and specifications. 1. A person shall not build, construct or erect any mausoleum, vault, crypt or structure intended to hold or contain dead…

NRS 452.220 Requirements for construction of crypt or catacomb. All crypts or catacombs placed in a mausoleum, vault or other burial structure, as described in NRS 452.210, shall be so constructed that all parts thereof may be readily examined by the Division, or any other health…

NRS 452.230 Supervision of construction: Inspector; final certificate. 1. Except as provided in subsection 2 of NRS 452.210, the Division shall have supervisory control over the construction of any mausoleum, vault or crypt, and shall: (a) See that the approved plans and specific…

NRS 452.235 Certificate of occupancy required before use. A cemetery authority shall not use any crypt or niche for the entombment or inurnment of human remains unless a certificate of occupancy has been issued by the State Board of Health or the local building or public works de…

NRS 452.240 Removal of bodies when structure becomes danger to public health; payment of expenses of reinterment. 1. Whenever any mausoleum, vault, crypt or structure heretofore erected, and containing one or more deceased human bodies, shall, in the opinion of the Division, beco…

NRS 452.250 Deposit of money required by NRS 452.120. There shall be deposited with the board of trustees or board of directors of any cemetery corporation or association where the mausoleum, vault or crypt is to be erected the amount provided for in NRS 452.120. [5:21:1931; A 19…

NRS 452.270 Penalty. Any person, any member of a firm, or any officer or director of a corporation failing to comply with each and every provision of NRS 452.210 to 452.250, inclusive, shall be personally liable therefor, and is guilty of a misdemeanor. [6:21:1931; 1931 NCL § 408…

NRS 452.285 Inalienability of lot or plat transferred from nonprofit corporation to individual holders; release of interest; restrictions on interment. 1. Whenever the cemetery lands and property of any nonprofit corporation governed by the provisions of chapter 82 of NRS formed …

NRS 452.300 Unlawful to make or open road through cemetery or deposit material within cemetery without consent; penalties. 1. Every person who makes or opens any road, or constructs any railway, turnpike, canal or other public easement over, through, in or upon such part of any c…

NRS 452.305 Unlawful to damage or destroy property in cemetery or disturb contents of grave, tomb or crypt; penalty; restitution; civil liability. 1. A person who: (a) Willfully destroys, mutilates, defaces or injures any tomb, monument, gravestone, building or other structure pl…

NRS 452.3055 Unlawful to remove objects from cemetery without consent or to possess or traffic in objects unlawfully removed; penalty; restitution; civil liability; exceptions. 1. It is unlawful for a person to: (a) Remove willfully any tomb, monument, gravestone, fencing, buildi…

NRS 452.310 Certificate of authority: Requirement; application and supporting documents; filing fee and other fees; provision of information to Administrator. 1. No person may engage in the business of operating a cemetery in this state without first obtaining a certificate of au…

NRS 452.330 Content of financial statement. 1. If the applicant is a new corporation, the financial statement required by NRS 452.310 shall designate the amount of stock subscribed, the consideration paid for all stock issued and the amount of promotional stock involved. 2. If th…

NRS 452.340 Certificate of authority: Issuance; duration. 1. If the Board finds that the proposed cemetery authority has in good faith complied with all lawful requirements, it shall within 30 days issue a certificate of authority for the operation of a cemetery. 2. Notwithstandi…

NRS 452.350 Regulations of cemetery authority. A cemetery authority may: 1. Adopt, amend and enforce rules and regulations for the use, care, control, management, restriction and protection of its property; 2. Restrict and limit the use of all property within its cemetery; 3. Reg…

NRS 452.360 Map of cemetery: Requirements; content; inspection. 1. A cemetery authority, when additional property is required for interment, entombment or inurnment purposes, shall make maps showing: (a) If land, the location of graves, monuments, markers, memorials, vaults, cryp…

NRS 452.410 Certificate of occupancy required before sale of crypt or niche; exceptions. 1. Except as may otherwise be specifically authorized in writing by the Administrator, after the Division’s written approval of plans and specifications for the construction of a mausoleum or…

NRS 452.590 Acquisition of existing cemetery authority: Requirements and fees for certificate of approval. 1. A person who proposes to purchase or acquire control of an existing cemetery authority, either by purchase of the outstanding capital stock of a cemetery authority or the…

NRS 452.610 Penalty. In addition to any other penalty provided for in NRS 452.001 to 452.610, inclusive, any person who violates any provision of NRS 452.001 to 452.610, inclusive, or any regulation adopted or administrative order entered pursuant to those sections, for which a g…

NRS 452.640 Definitions. As used in NRS 452.640 to 452.740, inclusive, unless the context otherwise requires: 1. “Administrator” means the Commissioner of Insurance. 2. “Cemetery authority” means a person who owns or controls any real property dedicated for use as a cemetery for …

NRS 452.645 Applicability of provisions. The provisions of: 1. NRS 452.650 to 452.700, inclusive, do not apply to cemeteries containing human remains only. 2. NRS 452.655 to 452.700, inclusive, do not apply to the operation of a cemetery for pets existing on October 1, 1993, unle…

NRS 452.650 Adoption of local ordinances. The governing body of a county, city or town may adopt such ordinances for the maintenance and operation of cemeteries for pets and crematories for pets, and for the interment, inurnment and entombment of pets, as it deems appropriate for…

NRS 452.655 Dedication of property for use as cemetery: Procedure; effect. 1. The owner of real property may dedicate any portion of the property for use as a cemetery for pets by recording an acknowledged declaration of that dedication, which must specify the period for which th…

NRS 452.660 Dedication of property for use as cemetery: Removal of dedication. The owner of property dedicated for use as a cemetery for pets may petition the district court of the judicial district where the property is located for the removal of that dedication. The district co…

NRS 452.665 Dedication of property for use as cemetery: Priority over encumbrances. The dedication of property for use as a cemetery for pets pursuant to NRS 452.655 is not defeated or otherwise affected by, and has priority over: 1. Any lien, mortgage or other encumbrance which …

NRS 452.670 Prerequisites to operation of cemetery. A person shall not operate a cemetery for pets unless: 1. The trust fund for the endowment care of the cemetery contains a principal sum of not less than that amount required pursuant to NRS 452.705. 2. The cemetery is located o…