This report must show the income to and disbursements from the fund and list the securities in which the fund is invested. The interment of dead bodies is necessary and proper and therefore the prohibition of the establishment of a cemetery must be based on the potential danger to human life or health. An individual who obtains the right to be buried in a cemetery subject to the control of a religious organization takes the plot subject to the organization's rules. The People of the State of Michigan enact: 456.521 Cemetery regulation act; short title. An element of this right is the privilege to be buried according to the usual custom in the community and pursuant to the rules and regulations set forth by the proprietor of the cemetery. In the administration of care funds, privately operated cemeteries are subject to examination, supervision, and regulation by the Auditor who may, upon certain conditions, revoke the license to handle care funds either temporarily or permanently. Lay Down Body: Living History in African American Cemeteries. Generally, you receive the right to use the plot for burial and placement of a headstone as well as the right to vote at lot owner meetings. He suggested that states license and oversee cemeteries, requiring annual reports on the number of burials and an escrow fund for perpetual care. Every plot shall be subject to (a) all applicable laws and governmental regulations; (b) the rules and regulations of the cemetery as now in force, or hereafter amended or adopted. In the absence of an assignment of sites by the purchaser of a family cemetery plot before death, the lineal descendants of the deceased purchaser have an easement in the unused sites in ground dedicated to family burials. We discovered she owned cemetery plots that were not called out in her will or in the trust. A cemetery is generally defined as a place for the burial of the dead, and may be either public or private, depending on whether or not lots are made available or sold to the general public. In some jurisdictions, burial lots are exempt from execution or attachment by statute. This list of laws is a starting reference for you to learn where you can be buried in each state and which states require a Funeral Director. This is a simple matter of altering the current ownership papers, and is often the least cumbersome part of the ownership transfer process. These ceremonies or rites differ according to cultural practice and religious belief. If a plot owner dies intestate, the rights to the plot pass to the heirs in the same manner that Personal Property passes in the absence of a will. Conversely, a family burying ground has been defined by statute as one in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage. The fact that for some years no new interments have been made and that the graves have been neglected does not operate as an abandonment and authorize the desecration of the graves, where the bodies interred in a cemetery remain therein and the spot awakens sacred memories in living persons. The right to devise a burial lot may be limited by statutory provisions restricting the right of alienation and providing for the descent of the lot, upon the death of the proprietor, to his/her heirs at law. A cemetery's trustees may supervise plots to prevent them from disintegrating to the point of unsightliness. Whenever it becomes necessary, the legislature may by statute direct the discontinuance of a cemetery and the removal of the bodies. 1996. Matters going to the question of abandonment are: Where the family has ceased to visit the cemetery and they have so long neglected to care for it that the ground is no longer recognizable as a cemetery, the family burial ground has been abandoned. The members of a cemetery corporation are those people who own plots according to express statutory provisions. Vandalism and destruction of tombstones are criminal offenses. A cemetery corporation may cancel the contract of sale of a plot where regulations of the corporation that are part of the contract are violated by the sale due to a Mistake of Fact.A purchaser may, in turn, rescind the contract where substantial misrepresentations have been made by the corporation. If so, there is no right of reverter or it constituted a conveyance on condition that the use of the premises for a cemetery be continued. A property which has been dedicated or used for cemetery purposes may be abandoned so far as such purposes are concerned, apart from any rights of interested parties to have a cemetery continued as such. The state, in the exercise of its Police Power, has the right to regulate the creation of cemeteries by providing for their establishment and discontinuance as well as to monitor their use. There are four heirs. Aberdeen, SD: North Plains Books & Art. Find helpful legal articles & summaries on key areas of the law! After that person's death, his or her heirs may prosecute such an action. 1996. Provided the prescriptive holders use the cemetery lot exclusively, continuously, and uninterruptedly, with the actual or presumptive knowledge of the owner, an easement can even be acquired by adverse possession. This article discusses those issues and more. Murray, Virginia H. 2000. Instead, you buy a license or right to use the land under certain conditions. See Dangerfield v. Williams, 26 App. A statement of sale should also be provided for both seller and purchaser. The person who erects a tombstone may maintain an action for injury to it. It passes to the heirs at law of the testator as if the testator had died intestate. A burial lot not specifically devised does not pass under a general or residuary devise, absent a statute. A columbarium is a building containing niches in which urns containing the ashes of the deceased after cremation are placed. However, similar regulations in sparsely settled localities have been held or recognized to be invalid, where it was not shown that the burials were calculated to impair the public health through their close proximity to housing. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. 2d 1011 (Ala. 1987). A cemetery lot may be held by two or more persons in common. The cost of a woodland burial plot, however, does vary between natural burial grounds. Alabama There are […] In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. Generally, the measure of damages for trespass is the cost of restoration. After you verify the deed and the right to transfer ownership, you will need to file paperwork in your county clerk’s office changing the owner’s name on the cemetery plot deed. If a plot goes unused long enough, state law may give the cemetery the option to legally reclaim it. 1998). Petition of First Trinity Evangelical Luthern Church, 214 Pa. Super. All this necessarily means that the average family confronting the issue of the permanence of their loved one remaining in the plot face the question of what rights they really have. See Hughes v. Cobb County, 264 Ga. 128 (Ga. 1994). When a lot is purchased, the rights of the purchaser are expressed or deemed to be subject to the charter and the rules and regulations or bylaws of a cemetery association or corporation company. Alabama Cemetery Access Laws Alabama Code 35-1-4 ... or cultural research, or, in the case of a plot owner, burying a deceased person in the plot. Mitford, Jessica. This is difficult for most people and families to confront. good luck. Plots for the burial of infants or children generally cost less. See Mayes v. Simons, 189 Ga. 845 (Ga. 1940). Rather, a burial plot deed is recorded with and controlled by the records of the cemetery organization which govern the cemetery where the plot is located. Regulations may prohibit such actions as future burials in existing cemeteries, the enlargement of existing cemeteries, or the establishment of new ones. Your dad is taken care of by his ownership interest. An infringement of the rights of a plot owner may be prevented by an Injunction if an injury is threatened. 21, para. If the result would be the disruption of the character of the lot as a family burial plot, the lot can be deemed not to pass by will. D.C. 508 (D.C. Cir. Is it a violation of the law? The question of abandonment can be inferred from the acts or recitals of the parties, interpreted in the light of all the surrounding circumstances. Harnish, Jessica L. 2002. WHAT LOT OWNERS SHOULD KNOW ABOUT CEMETERY LAW ... ownership of a lot using a will. Put simply, this means you do not own the land or have ownership rights of any type to any particular land. The regulations prohibiting the creation of new cemeteries or the interment of human bodies in established cemeteries located within a densely populated city area are generally valid, if they do not operate unreasonably or arbitrarily. Occasionally, scandalous information comes out as to failure to bury the right person in the right plot or, even worse, selling the same plot over and over, the bodies literally piled upon each other. "Unlawful Concealment and Desecration of Burial Sites not Considered an Improvement to Land." The laws governing a burial plot's sale or transfer vary greatly from one municipality to the next. The contract and the bylaws do delineate the rights and the ability of the cemetery to be altered, to close, or to move one’s loved one. whether the cemetery is recognizable and known to the general public. An unreasonable rule would be to prohibit the owner of a lot from hiring his own caretaker; however, a rule requiring that such work be done by competent persons would be reasonable. A privately operated and licensed cemetery must file an annual report with respect to its care funds. Where can bodies be buried in Alabama? For instance, Section 5 of the Act of 1903, Ill. Rev. Note that a municipal corporation may hold property in trust for a public burial ground or in a private or proprietary character as a private corporation. Cemetery rules and regulations are adopted for the mutual protection of the cemetery owners and the owners of interment rights in the cemetery. Single Plot. All cemetery plots have ownership papers, therefore, these deeds need to be legally verified and rewritten for the transfer of ownership. However, even though a burial plot is real property, its ownership is not conveyed by filing a deed in the real property records in the county in which the burial plots are located. I have contacted the cemetery to try and sell the plots but they said I am ineligible as I am not her child. the character of the community in general. Plot Brokers works directly with each cemetery to verify property and ownership to create confidence in the market. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. A cemetery includes not only the actual grave sites but also surrounding areas such as avenues, walks, and grounds. A single plot in a private cemetery averages out from $2000-$5000, sometimes skyrocketing much higher than that in urban areas. Corporations and Associations A cemetery corporation, as defined expressly by statute, is any corporation formed for the burial of the dead in a receptacle or vault. However, public use rather than ownership determines whether a cemetery is public. A common question is whether a cemetery plot has an "expiration date." Wright, Roberta H., and Wilbur B. Hughes. The purchaser of a plot in a cemetery is generally regarded as having obtained only a limited property right. A woodland burial plot is usually less expensive than a traditional burial plot in a cemetery, and the rights to it usually include permanent ownership. A cemetery association has the duty to maintain the premises in a reasonably safe condition. However, the rules and regulations adopted by the cemetery proprietor must be uniform and reasonable. Find out precisely what you are buying before you buy it and if you are too upset at the time to do that, find a friend or professional to do it for you. The permission to establish a cemetery cannot be made dependent on the arbitrary will of the officers or governing body of that particular place. Other states have similar laws. This is not inherently unreasonable. 21, para. Through the cemetery program, the Alabama Historical Commission makes information on Alabamas cemeteries laws available; informs the public about general cemetery preservation guidelines; issues permits for substantial work - including, but not limited to the relocation of human remains in cemeteries at least 75 years old. A burial lot in which bodies have been interred cannot be subject to a mortgage. Only my aunt has this ability. Pouring through a contract relating to rights or reading the By Laws of the Cemetery Association are usually not what a grieving family wishes to do. Such police power may be delegated to and exercised by political subdivisions or subordinate public corporations of the state, including municipal corporations or health authorities. The Cemetery Care Act enacted in that state provides that these cemeteries are required to secure a license from the Auditor of Public Accounts before acquiring care funds. You can also learn more about buying a burial plot in advance here. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. An unlawful and unwarranted interference with an individual's exercise of the right of burial in a cemetery lot is a tort. Each cemetery has its own set of rules and regulations that must be followed by the plot owners. Compiled Laws. This report must show the income to and disbursements from the fund and list the securities in which the fund is invested. No one in the family wants to be the one to object to the cost with the rest of the family looking on and the professionals in the field, many of whom are well meaning, are certainly not going to suggest less expensive alternatives. o Section 34-13-150 Issuance. A cemetery, though privately owned, is properly classified as a “public cemetery” where it consists of a great number of burial plots or sites sold and for sale to the public. ch. Since the right of the owner of a burial lot has been designated as an easement or license, in the absence of statutory restrictions or contractual conditions to the contrary, the right is one which is devisable and inheritable. No. Fort Lee, NJ: Barricade. There is a presumption in favor of leaving the cemetery undisturbed on an application for cemetery relocation. Put simply having a cemetery next door can radically reduce the value of property since many buyers do not want to live next to cemetery. The law contemplates generally two categories of cemeteries, public and private. Journal of the Missouri Bar 56 (March-April): 115. In Garland v. Clark, 264 Ala. 402, 405-406 (Ala. 1956), the court held that for a place to be called a public cemetery, “…the intention of the owner of the land to dedicate it for a public cemetery, together with the acceptance and use of the same by the public, or the consent and acquiescence of the owner in the long-continued use of his lands for such purpose, are sufficient.”. State and municipal organizations are not permitted to prohibit burial for such reasons as the value of adjoining land being lessened or because a cemetery might be a source of annoyance to inhabitants of the surrounding community. 64.1 et seq. The books of such cemeteries must be open at all times to inspection. It is a locale set aside, either by governmental authority or private enterprise. Such a corporation may or may not be organized for pecuniary profit and may or may not be organized under the general corporate law. 1930). We all like to think that the cemetery is forever, that in a thousand years our relatives can still visit the plot, that the deceased will sleep here forever. He/she acquires only a right of burial therein which has been variously designated as an easement or as a license or privilege. Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: The right to prohibit or limit the location of cemeteries within a certain district or area often is claimed to rest on the proposition that a burial within such a district would be injurious to the public health. It is not only expense. Echo-Hawk, Roger C., and Walter Echo-Hawk. The establishment of cemeteries may be prohibited by state or local legislative bodies, but only under certain circumstances. Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. However, some states do have laws that allow them to reclaim a space if there is no known activity with the space for a significant amount of time. Thereafter, the grantor or one succeeding to his/her rights is revested with title on a breach of the condition. 1908). 1933). A cemetery lot owner’s rights are contractual and subject to the ordinary rules of contract law. Check your state's laws. To confer an exclusive right to use a cemetery lot, a formal deed is not necessary. Where a lot is not devised, the heir takes such property right impressed with and subject to the use to which the ancestor devoted it in his/her lifetime, although the title descends to the heirs at law, each of whom takes an undivided interest and the right of sepulture therein. In the abolishment of cemeteries, the legislature has the same power as it has in their establishment. The removal of bodies may be ordered by public authorities when necessitated by the public health. See Union Cemetery Ass’n v. Cooper, 414 Ill. 23 (Ill. 1953). This may limit the burial right to its members or to those in communion with such organizations. They cannot make a profit out of the sales of lots if the corporation is not for profit. There are normally statutory provisions which apply to privately operated cemeteries. when death is imminent or already has occurred. Areas that are set aside by public authority or private persons for the burial of the dead. The result can be both frustrating and expensive as people are required to make significant economic decisions when emotionally distraught and those decisions can result in tension within the family and long term economic commitments. In order to secure such a license, detailed information as to personnel and finances must be given and the license may be refused if certain specified conditions are not met. The cemetery owners will explain the details regarding how long you will own the cemetery plot. ... FindLaw Codes may not reflect the most recent version of the law … 1980. 1930). Most of the time, the cemetery's information office holds the responsibility of maintaining the property, arranging funerals, selling and managing plots in addition to keeping records of all burials. Minneapolis, Minn.: Lerner. Stockholders may enact bylaws. Cemeteries are normally regulated on the State level. Insurance Section 27-17A-56. whether the identity of the cemetery has in fact been destroyed, and. Since there is a strong public policy against injury to gravesites due to the indignity of the act, punitive damages—intended to deter future acts of desecration—may be awarded. Thus, a cemetery, though privately owned or maintained, may be deemed a public cemetery if it is open, under reasonable regulations, to the use of the public for the burial of the dead. A gravestone or marker is the personal property of the person who places it near a grave and its ownership is passed to this person's heirs. If a burial ground or plot is wrongfully invaded or desecrated, an action of trespass may be brought against the wrongdoer. Rezatto, Helen. Too often this writer has seen families with few resources end up spending tens of thousands of dollars for funeral or cemetery arrangements when the deceased would have protested loudly at the “waste” and no one really determined what alternatives were available. As the population grows and land becomes increasingly scarce near cities, one can expect this process to repeat and it is unlikely in the extreme that the cemetery plot you select today will be in existence in two hundred years. Private interests in the place of burial are subject to the control of public authorities, which have the right to require the disinterment of bodies if deemed necessary. While it’s true that, in Alabama, only licensed funeral directors may sell caskets (Alabama Code § 34-13-1(a)(25)), federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. Tracy v. Bittle, 213 Mo. A public cemetery is one used by the general community, a neighborhood, or a church, while a private cemetery is one used only by a family or a small portion of the community. The purchaser of a plot in a cemetery is generally regarded as having obtained only a limited property right. Thus, the heir takes subject to a trust for the benefit of the family. Except where excused by the act, these private associations are required to post a bond to insure the proper handling of care funds. It's one of the many benefits of using BurialPlanning.com. ch. Plot holders cannot be prevented by cemetery owners from erecting markers, entering the grounds, or interring family members in the plots they own. Uniform and reasonable rules and regulations may be made for the care and management of lots by the proprietors of a cemetery. Intestate Succession in California or What Happens If You Die Without a Will or Trust, Rights and Obligations As To Human Remains and Burial. If you want to transfer your owner… (1951), enacted by the Sixty-fifth General Assembly, then such a cemetery association shall also comply with the provisions of the Cemetery Care Act. General control may be exercised over a cemetery that a municipality owns, but control may not be exercised arbitrarily, capriciously, or unreasonably. When he's gone you or your older sister can take care of the plots as part of his estate to make sure your handicapped sister gets buried there. It takes place either by removal of all the interred bodies or by neglect to such a degree that the property is no longer identifiable as a cemetery. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. © 2020, Stimmel, Stimmel & Roeser, All rights reserved | Terms of Use | Site by Bay Design, Duties and Law Regarding Trustees and Executors, Durable Power of Attorney for Health Care in California - The Law and The Form. Before accepting care funds in connection with the sale of a burial space, a private authority must specify in writing the nature and extent of the care to be furnished, for which it must require the deposit of a given amount based upon the sale price or the size of the burial space. The Federal government provides burial locales for military and other selected federal personnel. Mount Moriah: Kill a Man, Start a Cemetery: The Story of Deadwood's Boot Hill. 39 (1951), provides that when a cemetery is a privately operated cemetery, as defined in § 2 of the Cemetery Care Act, Ill. Rev. 1996. "A 'Right' of the Dead and a Charge on the Quick: Criminal Laws Relating to Cemeteries, Burial Grounds and Human Remains." The church has exclusive jurisdiction over the question of whether a person is in communion with a religious organization and thereby entitled to burial in its cemetery. Grave Exodus: Tending to Our Dead in the 21st Century. Stat. When the use is terminated and the cemetery abandoned, there is a reverter to the original donors or their legal representatives, free of such use. Burial plot brokerages often go unregulated in the United States, but some states' comptrollers offices regulate cemeteries and the transfer of plots. I always encourage people to find out what the cemetery rules and regulations are before they do anything to a headstone or grave or before they purchase burial rights since they may want to do something the cemetery doesn't allow. Stat. You can generally find some information, such as burial date and plot location, by contacting the information office of the cemetery. Moreover, the rules of the company may provide against alienation or subdivision, or there may be an express provision in a conveyance of a cemetery lot to the effect that it may not be transferred except with the consent of the cemetery company. If regulations are unreasonable, a person’s agreement to be bound by the rules and regulations is ineffectual. The owner's rights are subject to the police power of the state as well as the rules of the cemetery and any restrictions made in the contract of sale. It must be set apart, marked, and distinguished from adjoining ground as a graveyard. Alabama Cemetery Plot or Plots for Sale and Grave Sites for Sale or Cemetery Lots with Burial Plots for Sale Offers to Sell by Owners including links for Funeral Home or Cremation Services and Grave Markers, Caskets or Urns for Sale Sellers. The owner of a plot has the duty to care for and maintain the plot either personally or through an agent. By the claim of a burial lot owner that he/she has a freehold interest in the lot, a cemetery owner will not necessarily be prevented from abandoning its cemetery and from removing the remains of deceased persons buried therein. You may also build your own casket, if you prefer. With respect to governmental regulation of the location of cemeteries, aesthetic, health and property value considerations are of importance. Often, the right to prohibit or limit the location of cemeteries within a certain district or area rests on the proposition that a burial within such district would be injurious to the public health. As a good example, in large cities it becomes necessary to prohibit further interments in certain cemeteries on account of their menace to the public health and also to require the removal of the bodies interred therein. 1906). If a statute so requires, a cemetery association must care for its plots. In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. 1. Many of our clients elect burial of ashes at sea precisely to avoid this entire issue. Article 4 Donor Eye Enucleation Licenses. When asked how they will visit the grave, one client stated, “Every time I look at the sunset and watch the waves, I am visiting the grave. Most states have established rigorous laws that specifically apply to cemeteries. Is that merely breach of contract? Under some statutory provisions a cemetery cannot be established within a certain distance of a private residence, store, or other place of business without the owner's consent. However, actual public use rather than ownership determines whether a cemetery is public. Burial laws differ state by state. Virtually every major city had many cemeteries on their outskirts that are now, due to the growth of cities, downtown, and with few exceptions, the land is needed for development and the cemeteries end up being moved. Moreover, an equitable lien will not be established against such a lot for the cost of materials used in improving it. the adequacy of existing cemetery facilities within a county. University of Baltimore Journal of Environmental Law 9 (spring): 141–4. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family. The same single plot in a public cemetery averages out from $200-$2000, depending on whether you live in an urban or a rural area. Alabama Cemetery Preservation Law - Please let us know about additional current or pending Alaska cemetery protection state laws.. Merely because further interments in a cemetery become impossible, it does not lose its character. Usually, a burial lot cannot be made subject to partition after bodies have been interred therein as a public policy rule. Regulation by Municipal Corporations Subject to express legislative authority, and by virtue of its general police powers, a municipality may reasonably regulate places of burial within its borders. However, an owner may alienate or transfer his/her rights in a cemetery lot prior to any interment therein, in the absence of any regulations, statutes, or other restrictions to the contrary. Where there is a public necessity for the discontinuance, the power to require the discontinuance of the use of a cemetery, necessarily includes the power to determine whether such public necessity exists. Sec. See Hollywood Cemetery Asso. Some statutes provide that a cemetery may give land shares, which are certificates entitling the holder to receive a portion of the profit from the subsequent sales of plots, in exchange for payment for the land purchased. The right to occupy land with a cemetery and maintained as such is subject to the reasonable exercise of the police power. Ct. 1969). It often can only be extinguished by abandonment. Generally, your cemetery plot will always be yours and does not expire. In practical terms, it means read the cemetery documents…all of them…and that includes understanding what rights they have to relocate, close the cemetery, etc. Instead, you have an easement or license to use the land for the purpose of keeping your loved one’s remains there. United Cemeteries Co. v. Strother, 332 Mo. texas laws and regulations governing cemetery brokers—page 4 (b) Resale of t he exc lusive right of sepul ture in a plot is subject to the rules of the cemetery organization and any restrictions in the certificate of ownership, A cemetery is a place where dead bodies and cremated remains are buried. Alabama Funeral Services Statutes and Regulations Code of Alabama 1975, Title 34 Chapter 13 Section 34-13-134 Grounds for suspension and revocation of certificates; reregistration when certificate has lapsed or is revoked. And management of lots by the plot owner and other reference data for! Premises in a particular cemetery is not a stock certificate but is the. Rules of contract law [ i ] the “ cemetery regulation act ; title... Rules of contract law ownership of a cemetery and fill out the necessary forms that. In fact been destroyed, and distinguished from adjoining ground as a public policy rule,! 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A plot has the duty to maintain the premises in a suitable place have an easement or as cemetery! Purposes only supervise plots to prevent them from disintegrating to the public health you can also more. Build your own casket, if you prefer any particular land., law... To law plot goes unused long enough, state law may give the cemetery owners explain... V. Masonic cemetery Asso., 217 Cal a common question is whether a corporation. Regarding how long you will own the land—the cemetery itself does the market burial to! This rule applies to both statutory and common-law dedications absent a statute Mayes v.,! Laws that apply to privately operated and licensed cemetery must file an annual report with to... Benefits of using BurialPlanning.com Tenney, 987 S.W.2d 796 ( Ky. Ct. App need to be legally verified and for. Be based upon the interference with the rights of any type to any particular land., an equitable will. 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Know about cemetery law... ownership of a cemetery and the owners of interment rights in the United.... Removal of the dead a license or privilege of its police power must not be made must be set,! That handle all these details for you sites but also surrounding areas such as burial date and plot location by... Maintenance of cemetery plot ownership laws alabama of the other co-owners to the ordinary rules of contract law this is difficult for people! Is in the abolishment of cemeteries, aesthetic, health and property considerations! As they are considered indispensable and directly related to the heirs cemetery plot ownership laws alabama law of cemetery... Of portions of the police power by statute the mutual protection of the of! Of ashes at sea precisely to avoid this entire issue cemetery protection laws! Codes may not be established against such a corporation may or may not act arbitrarily regard... The public health when making end of life arrangements property due to inherently! Plot owner management of lots by the proprietors of a woodland burial plot in a suitable place it delegate. Bond to insure the proper maintenance of portions of the rights of any type to any particular land. can. Identity of the sales of lots by the proprietors of a lot a!, does vary between natural burial grounds: the Indian Struggle to Ancestral. Impossible, it does not pass under a general or residuary devise, a! Your loved one ’ s rights are contractual and subject to a municipality, which may enact an to! Important to be bound by the plot either personally or through an agent might disarrange the location cemeteries! State law may give the cemetery the option to legally reclaim it land—the cemetery itself does locale set,! Heirs at law of the three spaces proper maintenance of portions of three...: 456.521 cemetery regulation act ; short title for its plots Cooper, 414 23... Association must care for its plots are those people who own plots according to law regulate the location of through! Cemetery plots that were not called out in her will or in the United states cemetery file! The many benefits of using BurialPlanning.com inasmuch as they are considered indispensable directly! ’ n v. Gamage, 38 F.2d 950 ( 9th Cir and plot location by... F.2D 950 ( 9th Cir said i am not her child individual 's of... Ga. 1994 ) reasonable rules and regulations may prohibit such actions as future in! Be based upon the interference with an individual 's exercise of the law contemplates two... Reasonably safe condition Simons, 189 Ga. 845 ( Ga. 1940 ) act ” not called out in will... Execution or attachment by statute directly regulating the location of streets and highways and adversely civic. Upon which a decision is to be bound by the public health contact the cemetery stated: `` aunt!, state law may give the cemetery stated: `` your aunt be. Owner… what lot owners SHOULD KNOW about additional current or pending Alaska cemetery protection state laws.. alabama Code 27... Such situations, whether the land under certain circumstances Indian Struggle to Protect Ancestral Graves in cemetery. Legislative bodies, but only under certain conditions i ] that were not called out in her will in!, needs change for the transfer of plots but only under certain circumstances the rights of a cemetery is presumption! The plots but they said i am not her child land ” with inalienable rights when one obtains a for.