justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 97 — Rights

ORS 97.234. County designation of veterans remains coordinator; identification and interment of unclaimed cremated remains of veterans. (1) The governing body of each county shall designate one or more veterans remains coordinators who shall exercise due diligence to: (a) Identify unclaimed cremated remains located in the county in consultation with the county veterans service officer, the United States Department of Veterans Affairs, a national cemetery administered by the United States Department of Veterans Affairs, the United States Social Security Administration or another entity; (b) Establish that the unclaimed cremated remains meet the definition of eligible decedent; and (c) For an eligible decedent who died in the county, cause interment at a national cemetery administered by the United States Department of Veterans Affairs. (2) An interment under subsection (1) of this section may not occur at a cemetery used only for the interment of indigent persons.
ORS Chapter 97 — Rights

ORS 97.237. Veterans remains coordinator to report to county veterans service officer before interment of eligible decedent; officer to maintain record of reported information. (1) Before causing the interment of an eligible decedent under ORS 97.234, the veterans remains coordinator shall report to the county veterans service officer: (a) The facts relied upon to establish eligibility for interment under ORS 97.234; (b) The plan for the interment of the eligible decedent; and (c) The date of death and place of interment of the eligible decedent. (2) The county veterans service officer shall establish and maintain a record of information received under subsection (1) of this section.
ORS Chapter 97 — Rights

ORS 97.240. Funeral establishment assistance to veterans remains coordinator regarding veterans remains; civil claims against funeral establishment or veterans remains coordinator barred. (1) A funeral establishment in possession of an eligible decedent shall, upon request of a veterans remains coordinator, release the veteran status information associated with the eligible decedent to the veterans remains coordinator. (2) A veterans remains coordinator may use the veteran status information received under subsection (1) of this section only for disclosure to the United States Department of Veterans Affairs to verify the interment benefits of an eligible decedent. (3) A funeral establishment in possession of unclaimed cremated remains shall, upon request of a veterans remains coordinator, provide reasonable assistance to the veterans remains coordinator to identify and establish that the unclaimed cremated remains meet the definition of eligible decedent under ORS 97.234. (4) A funeral establishment in possession of an eligible decedent shall, upon request by a veterans remains coordinator, release the eligible decedent to a person authorized, under rules promulgated by the United States Department of Veterans Affairs, to receive the eligible decedent for interment under ORS 97.234, provided that the following conditions are satisfied: (a) The veterans remains coordinator has verified the interment benefits of the eligible decedent with the department or county veterans service officer and provided documentation of that verification to the funeral establishment in possession of the eligible decedent. (b) The veterans remains coordinator has exercised due diligence to provide notice of the plan to inter the eligible decedent to any agents or family members of the eligible decedent with the legal right to control the disposition of the eligible decedent. (c) An agent or family member of the eligible decedent with a legal right to control the disposition of the eligible decedent has not exercised that right. (d) The funeral establishment in possession of the eligible decedent has possessed the eligible decedent for at least six months. (5) Notwithstanding ORS 30.265, a person may not bring a civil claim against a funeral establishment in possession of an eligible decedent for any action taken by the funeral establishment in accordance with this section, except in the case of gross negligence, or for any subsequent action taken by a veterans remains coordinator. (6) Notwithstanding ORS 30.265, a person may not bring a civil claim against a veterans remains coordinator for acts or omissions arising from the interment of an eligible decedent under ORS 97.234, except in the case of gross negligence.
ORS Chapter 97 — Rights

ORS 97.243. Veterans remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents. (1) A veterans remains coordinator who identifies or locates an eligible decedent shall report to the United States Department of Veterans Affairs: (a) Veteran status information known about the veteran associated with the eligible decedent; and (b) Contact information for the place and person in possession of the eligible decedent. (2) The veterans remains coordinator shall establish and maintain a list of eligible decedents that are reported under subsection (1) of this section and make the list available in person or by telephone upon request by a county veterans service officer.
ORS Chapter 97 — Rights

ORS 97.300. [1969 c.271 1; 1995 c.717 12; renumbered 97.968 in 1995] DEDICATION TO CEMETERY PURPOSES; PLATTINGS
ORS Chapter 97 — Rights

ORS 97.310. Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement. (1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall: (a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions and make a good and substantial map or plat showing them, with descriptive names or numbers. In all instances this shall be done in compliance with ORS 92.010 to 92.192 except that ORS 92.090 (2)(a) and (b) shall not be applicable to streets, alleys, ways and footpaths located wholly within a cemetery. (b) In case of a mausoleum or columbarium, make a good substantial map or plat on which are delineated the sections, halls, rooms, corridors, elevation and other divisions, with descriptive names or numbers. In all instances this shall be done in compliance with the state building code. (2) Every lot in a cemetery subdivision shall include an access easement across the lot for the benefit of adjacent lots. Designated areas between lots for the purpose of providing access to separate lots are not required to approve a subdivision under this section. A cemetery authority must disclose to a potential purchaser of a lot in the cemetery the existence of the access easement across the lot.
ORS Chapter 97 — Rights

ORS 97.320. Filing map or plat and declaration of dedication of land to cemetery purposes. In case of a cemetery lot, the cemetery authority shall file the map or plat in the office of the recording officer of the county in which all or a portion of the property is situated, and it forthwith shall file for record in that officers office a written declaration dedicating the property delineated on the plat or map exclusively to cemetery purposes.
ORS Chapter 97 — Rights

ORS 97.330. When dedication is complete. Upon the filing of the map or plat and of the declaration for record, the dedication is complete for all purposes, and thereafter the property shall be held, occupied and used exclusively for cemetery purposes.
ORS Chapter 97 — Rights

ORS 97.340. Effect of dedication. After property is dedicated to cemetery purposes pursuant to ORS 97.310 to
ORS Chapter 97 — Rights

ORS 97.350. Dedication to cemetery purposes not invalid. Dedication to cemetery purposes pursuant to ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to
ORS Chapter 97 — Rights

ORS 97.360. Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots. (1) Any part or subdivision of the property so mapped and platted may, by order of the directors and consent of the lot owners, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb any interred remains. (2) Whenever a majority of the lots as platted or laid out in any cemetery established before March 3, 1927, or any part thereof, has been sold without the owners or persons in control of the cemetery having made provision for the establishment of an adequate endowment fund for the perpetual maintenance, upkeep and beautification of the cemetery and of the lots therein, the avenues, streets, alleys, walks, driveways and parks therein may be vacated or altered and replatted into lots which may be sold for burial purposes in the manner provided in this subsection and in ORS 97.370 to 97.430. Application for the vacation or alteration of any avenues, streets, alleys, walks, driveways or parks, and for the replatting of the same, or any portion thereof, for cemetery lots in any such cemetery shall be made to the county court or board of county commissioners in the county where the cemetery is situated. The application may be by the owners or persons in control of the cemetery or by a group of 20 or more persons owning lots or having relatives buried therein. The application shall be verified and shall specify the lots owned by each petitioner in which are buried bodies of relatives in which the petitioner is interested and shall state the reason for the proposed change and what provisions have theretofore been made for the perpetual upkeep, maintenance and beautification of the cemetery, and there shall be presented therewith a plat of the cemetery, together with the proposed replat, which shall have clearly indicated thereon the proposed changes.
ORS Chapter 97 — Rights

ORS 97.370. Fixing date of hearing; notice. When any application mentioned in ORS
ORS Chapter 97 — Rights

ORS 97.380. Hearing; order allowing replatting. At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400.
ORS Chapter 97 — Rights

ORS 97.390. Assessment of benefits and damages. If any damages are claimed by the owner of any lot in any such cemetery as is mentioned in ORS 97.360 (2), which lot is adjacent to the avenues, streets, alleys, driveways or parks vacated as provided in ORS 97.380, they shall be ascertained by the county court or board of county commissioners and offset against the benefits accruing to the lot owner on account of the upkeep and beautification of the cemetery in the manner provided in ORS 97.400. Any person feeling aggrieved at the amount of damages so assessed by the board may appeal from such order of allowance to the circuit court of the county in which the cemetery is situated in the same manner as is provided by statute for appeal from the assessment of damages by the exercise of eminent domain in locating a county road and on such appeal the jury, in assessing the amount of damages to be allowed to the appellant, shall offset against such damages the benefits accruing to the appellant as in this section above provided.
ORS Chapter 97 — Rights

ORS 97.400. Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties. Any owner or association accepting the trust of handling and disposing of lots newly created pursuant to ORS 97.380 shall by the acceptance thereof agree to dispose of the lots only for burial purposes and at a price not less than that fixed by the county court or board of county commissioners. The net funds derived from the sale of the lots remaining after the payment of the reasonable expenses incident to the vacation and of the sale shall be placed in an irreducible and perpetual fund and the interest therefrom shall be used for the perpetual upkeep and beautification of the cemetery and the lots therein situated. The fund shall be placed in some reliable trust company specified by the court or board, which trust company shall invest the same and pay the income therefrom to the owner or association charged with the disposal of such lots. Any owner or association taking over the sale of the lots shall comply with such provisions as the court or board may require of it in the upkeep, beautification and care of the cemetery with the income thereof, and if such owner or association for any reason fails to perform such duties, the court or board may, on its own motion, from time to time, appoint some other association or individual to perform them. The restrictions of this section shall not apply to the sale of lots obtained by replatting cemeteries owned and maintained by any county.
ORS Chapter 97 — Rights

ORS 97.410. Right of adjacent lot owner upon vacation of way. The vacation of an avenue, street, alley, driveway, walk or park adjacent to a cemetery lot shall vest in the owner of such lot no interest in the vacated portion thereof; but the adjacent owner shall, for 30 days after the date of such an order of vacation, have the right to purchase any new lot adjacent to the lot of the owner at the price fixed by the court or board at which the lots are to be sold, and if there is more than one adjacent lot owner, the new lot shall be sold to the one offering the highest price therefor.
ORS Chapter 97 — Rights

ORS 97.420. Effect of failure to object. Any owner of such cemetery as is mentioned in ORS 97.360 (2), or of any lot therein, or any relative or heir of any deceased person buried in such cemetery who fails to appear and file written objection to any proposed replat, alteration or vacation, authorized by ORS 97.360 (2), shall be deemed to have consented to the proposed change and shall be forever barred from claiming any right to use and have open for traffic or passageway any streets, alleys, driveways or parks vacated, or any right, title or interest therein, except as provided in ORS 97.360 (2) and
ORS Chapter 97 — Rights

ORS 97.430. Declaration of exercise of police power and right of eminent domain. The enactment of ORS 97.360 (2) and 97.370 to 97.430 is hereby declared to be a necessary exercise of the police powers of the state in order to preserve and keep existing cemeteries as resting places for the dead and to preserve old and historic cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are located. The taking of avenues, streets, alleys, walks, driveways and parks for the purpose and by the method specified in ORS 97.360 (2) and 97.370 to 97.420 is hereby declared an exercise of the right of eminent domain in behalf of the public health, safety, comfort, pleasure and historic instruction.
ORS Chapter 97 — Rights

ORS 97.440. Removal of dedication. (1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes until the dedication is removed from all or any part of it by an order and decree of the county court or board of county commissioners of the county in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court that: (a) The portion of the property from which dedication is sought to be removed is not being used for interment of human remains; or (b) The Oregon Commission on Historic Cemeteries has received notice of and had the opportunity to comment on the removal from the dedicated property of all human remains and markers dated prior to February 14, 1909. (2) The notice of hearing required by this section must: (a) Be given by publication once a week for at least four consecutive weeks in a newspaper of general circulation in the county where the cemetery is located and by publication twice in a newspaper with statewide circulation; (b) Be posted in three conspicuous places on that portion of the property from which the dedication is to be removed; (c) Describe the portion of the cemetery property sought to be removed from dedication; (d) State that all remains and markers have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication; and (e) Specify the time and place of the hearing. [Amended by 2003 c.237 1]
ORS Chapter 97 — Rights

ORS 97.445. Vacating county interest in cemetery real property. Consistent with the provisions of ORS 368.326 to 368.366, a county may vacate any real property interests the county may own in a cemetery. Consistent with ORS 368.366 (2), the county may vacate its real property interests in favor of a private nonprofit organization provided the organization states its intent to provide for the continuing maintenance and care of the cemetery and associated facilities.
ORS Chapter 97 — Rights

ORS 97.450. Discontinuance of cemetery and removal of remains and markers. (1)(a) Whenever any cemetery that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such cemetery, the governing body of any county, if the cemetery is owned by the county, or the corporate authorities of the city or town, if the cemetery is owned by the city or town, or the trustees or directors, if the cemetery is owned by an association or corporation, may order that such burial ground be discontinued, have the remains of all persons interred in the cemetery moved to some other suitable place and provide for the removal and reerection of all stones and monuments marking said graves. Each removal must be made in an appropriate manner and in accordance with the directions of the Director of the Oregon Health Authority. Prior to any removal authorized under this section, written notice must be given to the family, or next of kin of the deceased, if known, and if unknown, notice of the removal shall be published for at least four successive weeks in a newspaper of general circulation in the county in which the cemetery is located and twice in a newspaper with statewide circulation. (b) Any removal and the costs of the proceedings under this section shall be at the expense of the county, city or town, individual, corporation or association owning the cemetery to be moved. (2) Notwithstanding subsection (1)(a) of this section, a cemetery or burial ground containing human remains that were interred before February 14, 1909, may not be discontinued or declared abandoned or have remains removed from the burial ground or cemetery without prior notice to and comment by the Oregon Commission on Historic Cemeteries. When commenting on a request to discontinue or declare abandoned a cemetery or burial ground, the commission shall consider: (a) The listing of the cemetery or burial ground under ORS 97.782; (b) The historic significance of the cemetery or graves included in the request; and (c) The findings of any archaeological survey of the cemetery or burial ground.
ORS Chapter 97 — Rights

ORS 97.460. Requirements for establishment of cemetery or burial park. (1) A person may not lay out, open up or use any property for cemetery or burial park purposes unless the person: (a) Is the owner of the property; (b) Has the written consent of the planning commission of the county or city having jurisdiction under ORS 92.042 or, if there is no such commission in such county or city, the governing body of such county or city; (c) Agrees to maintain records of the disposition of human remains on the property as required by the planning commission or governing body of the county or city having jurisdiction under ORS 92.042; and (d) Agrees to disclose the disposition of human remains upon sale of the property. Failure to disclose the disposition of human remains does not invalidate the sale of the property. (2) A planning commission of a county or city or, if there is no planning commission in a county or city, the governing body of the county or city, shall provide to the State Mortuary and Cemetery Board a list of the requirements for laying out, opening up or using property in the county or city for cemetery or burial park purposes. [Formerly 64.060; 1965 c.396 3; 2009 c.709 9] SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS
ORS Chapter 97 — Rights

ORS 97.510. Sale and conveyance of plots by cemetery authority. (1) After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect and subject to such other and further limitations, conditions and restrictions made a part of the declaration of dedication by reference or included in the instrument of conveyance of the plot. (2) Scattering of cremated or reduced remains in a scattering garden is not a sale or conveyance.
ORS Chapter 97 — Rights

ORS 97.520. Sale or offer to sell cemetery plot upon promise of resale at financial profit. A person, firm or corporation may not sell or offer to sell a cemetery plot upon the promise, representation or inducement of resale at a financial profit, except with the consent and approval of the Director of the Department of Consumer and Business Services. Each violation of this section constitutes a separate offense.
ORS Chapter 97 — Rights

ORS 97.530. Commission, bonus or rebate for sale of plot or services. No cemetery authority shall pay or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, a commission, bonus, rebate or other thing of value for the sale of a plot or services. This does not apply to a person regularly employed by the cemetery authority for such purpose. Each violation of this section constitutes a separate offense.
ORS Chapter 97 — Rights

ORS 97.540. Commission, bonus or rebate for recommendation of cemetery. No person shall pay, cause to be paid or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, except as provided in ORS 97.530, any commission, bonus, rebate or other thing of value in consideration of recommending or causing a dead human body to be disposed of in any cemetery. Each violation of this section constitutes a separate offense.
ORS Chapter 97 — Rights

ORS 97.550. Plots are indivisible. All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the cemetery authority, or as provided by law.
ORS Chapter 97 — Rights

ORS 97.560. Presumption of sole ownership in grantee of plot. All plots conveyed to individuals are presumed to be solely and separately owned by the person named in the instrument of conveyance.
ORS Chapter 97 — Rights

ORS 97.570. Spouse has vested right of interment. (1) The spouse of an owner of any plot containing more than one interment space has a vested right of interment of the remains of the spouse in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of the remains of the person in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner. (2) The purchase by a married person of more than one interment space shall create in the spouse a right of interment therein.
ORS Chapter 97 — Rights

ORS 97.580. Divestiture of spouses right of interment. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of the vested right of interment, except that a judgment of divorce between them terminates the right unless otherwise provided in the judgment. [Amended by 2003 c.576 357]