Title 23 — Health and Safety

In this chapter, unless the context otherwise requires, the term: 1. "Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes. 2. "Cemetery" means any one, or a combination of more than on…

The governing body of any municipality may, by ordinance and under such rules and regulations as it may adopt, provide for the disinterring and removal of all human remains from any cemetery which is within the municipality, or owned and controlled by the municipality and located…

The board of county commissioners of any county may, by resolution and under such rules and regulations as it may adopt, order the disinterring and removal of all human remains from any cemetery which is within the county and outside the boundaries of any municipality, whenever t…

The cemetery authority of any cemetery from which human remains are ordered removed by a municipal ordinance or county resolution adopted in accordance with this chapter, shall declare its intention and purpose to disinter and remove the remains in accordance with such movement o…

Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority must specify and declare that at any time after the expiration of six months from and after the first publication of the notice o…

Notice of a declaration of intention to remove the human remains from all or any part of any cemetery must be given by publication in a newspaper of general circulation published in the municipality or county in which the cemetery or the portion from which removals are to be made…

The notice must be entitled "Notice of Declaration of Intention to Remove Human Remains from __________ (insert name of cemetery) in accordance with the provisions of __________ (insert authority such as ordinance, resolution, or statute) of the __________ (insert name of municip…

Copies of the notice must, within ten days after the first publication, be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made.

A copy of the notice must be mailed to every person who owns, holds, or has the right of interment in any plot in the cemetery or part affected, whose name appears upon the records of the cemetery. The notice must be addressed to the last-known post-office address of the plot own…

The notice must also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if the person's address is known. If the heirs of any person whose remains are interred in the cemetery are unknown or cannot be found, the publication of the…

At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that the person desires to be …

At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and dispose of the remains. The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an …

Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: 1. The purchaser or owner of the plot. 2. The purchaser or owner of the right of interment in the plot. 3. Any one of joint purchasers or owners of the plot or of…

If the right, title, or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the grantee without distribution by order of court, the heir or heirs at law may remove the remains of persons interred in the …

Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove any vault, monument, headstone, coping, or other improvement appurtenant to the interment space from which the remains ha…

After the completion of notice, and after the expiration of the period of six months specified in the notice, any cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter su…

Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains h…

After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority shall file for record in the office of the county recorder of the county or municipality in which the lands are situated a written declaration reciting that all …

Money payable or to become payable as the purchase price or on account of the purchase price of unused cemetery lands, or lands from which all remains have been removed is not subject to garnishment, attachment, or execution, but must be used exclusively for any or all of the fol…

Whenever any cemetery corporation, limited liability company, or association has declared for removal and has published notice of its intention to make removals under this chapter, it may employ any money in its treasury to defray the expense of removal, including: 1. The expense…

From the money remaining in the treasury of the cemetery corporation, limited liability company, or association after completing the removal and reinterment of the remains from its cemetery lands and the payment of all incidental expenses, the cemetery corporation, limited liabil…