justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 97 — Rights

ORS 97.590. Transfer of plot or right of interment. No transfer of any plot, heretofore or hereafter made, or any right of interment is complete or effective until recorded on the books of the cemetery authority.
ORS Chapter 97 — Rights

ORS 97.600. Descent of plot. Upon the death of the owner, unless the owner has disposed of the plot either by specific direction in the will of the owner or by a written declaration filed and recorded in the office of the cemetery authority, if no interment has been made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner or if all remains previously interred are lawfully removed, the plot descends to the heirs at law of the owner, subject to the rights of interment of the decedent and the surviving spouse of the decedent.
ORS Chapter 97 — Rights

ORS 97.610. Determining occupant of burial plot having co-owners. When there are two or more owners of a burial plot or of rights of interment therein, such owners may designate one or more persons to designate the burials to be made in the plot and file written notice of such designation with the cemetery association. In the absence of such notice or of written objection to its so doing, the cemetery association is not liable to any owner for interring or permitting an interment therein upon the request or direction of any registered co-owner of the plot.
ORS Chapter 97 — Rights

ORS 97.620. Death of co-owner; authorization to use plot under directions of surviving owners. An affidavit by any person having knowledge of the fact, setting forth the fact of the death of one owner and establishing the identity of the surviving owners named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving owners or their successors in interest.
ORS Chapter 97 — Rights

ORS 97.630. Family plots; order of occupation. (1) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or of the remains of the record owner, is made in a plot transferred by deed or certificate of ownership to an individual owner, and the owner dies without making disposition of the plot, either by direction in the owners will, or by a written declaration filed and recorded in the office of the cemetery authority, the plot thereby becomes inalienable and shall be held as the family plot of the owner, and occupied in the following order: (a) One grave, niche or crypt may be used for the owners interment; one for the owners surviving spouse, if there is one, who by ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 has a vested right of interment in it; and in those remaining, if any, the children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot. (b) If no child survives, the right of interment goes in order of death to the spouse of any child of the record owner. (2) Any surviving spouse, child or childs spouse who has a right of interment in a family plot may waive such right in favor of any other relative or spouse of a relative of either the deceased owner or of the deceased owners spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot. (3) Notwithstanding subsection (1) of this section, the personal representative of the deceased owner of a family plot may sell unoccupied interment spaces in the plot as property of the estate of the deceased owner when there are no existing rights of interment in those spaces or all existing rights of interment in those spaces have been waived and thereby terminated. (4) Whenever a plot is transferred by deed or certificate of ownership to an individual owner and the transfer is recorded on the books of the cemetery authority, the cemetery authority shall provide to the individual owner a written statement, in a form approved by the State Mortuary and Cemetery Board, containing a clear explanation of the provisions of subsections (1) and (2) of this section and of the rights of interment established thereby. [Amended by 1985 c.652 1]
ORS Chapter 97 — Rights

ORS 97.640. Waiver or termination of vested right of interment. A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom it is vested.
ORS Chapter 97 — Rights

ORS 97.650. Limitations upon vested right of interment. No vested right of interment gives to any person the right to have the remains of the person interred in any interment space in which the remains of any deceased person having equal or prior vested right of interment have been interred; nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations of the cemetery in which the interment space is located. NONPROFIT CORPORATIONS
ORS Chapter 97 — Rights

ORS 97.660. Lands of cemetery, crematory or reduction corporation; exemption from execution, taxation and condemnation. A nonprofit corporation organized and existing solely for the purposes of either owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains, may purchase or take, by gift or devise, and own and hold lands for the sole purpose of either a cemetery, a crematory or an alternative disposition facility and burial place for cremated or reduced remains. Such lands shall be exempt from execution, and from any appropriation for public purposes, and lots or portions of such land and space in any buildings thereon may be sold, if intended to be used exclusively for burial purposes, and in no wise with a view to the profit of the members of such corporation. The land so held for cemetery purposes shall not exceed 600 acres, but if the land already held for such purpose by the corporation is all practically used, the amount thereof may be increased by adding thereto not more than 20 acres at any one time. The land so held for the purposes of a crematory or alternative disposition facility and the burial of cremated or reduced remains shall not exceed 30 acres, but if the land already held for such purposes by the corporation is all practically used, the amount thereof may be increased by adding thereto not more than 10 acres at any one time. Lands held for the purposes described in this section shall be exempt from taxation as provided in ORS 307.150. [Formerly 65.855; 2021 c.296 12] Note:
ORS Chapter 97 — Rights

ORS 97.670. Selling land unsuited for burials. If in the board of directors opinion, any portion of the lands of a nonprofit corporation organized and existing solely for the purposes of either owning or operating a cemetery or the cremation or reduction of bodies of deceased persons and the burial and care of cremated or reduced remains is unsuitable for burial purposes or other purposes of the corporation, the board of directors may sell such portion and apply the proceeds to the general purposes of such corporation in the same proportion and manner as provided by ORS 97.660 to 97.680. [Formerly 65.865; 2021 c.296 14] Note: See note under
ORS Chapter 97 — Rights

ORS 97.675. Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone. Burial lots or space for burial of cremated or reduced remains in buildings or grounds sold by a nonprofit corporation organized and existing solely for the purposes of either owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains shall be for the sole purpose of interment or deposit and safekeeping of cremated or reduced remains. Such lots or space shall be exempt from execution, attachment or other lien or process, if used as intended by the purchaser thereof from such corporation, or the assigns or representatives of the purchaser, exclusively for burial purposes, and in no wise with a view to profit. Such lots or space shall be exempt from taxation as provided in ORS 307.150. The vendor of any gravestone, however, shall not be prevented from having and enforcing a lien thereon for all or part of its purchase price. If a suit is brought to enforce such a lien, the judgment therein is enforceable thereafter; and, for the purpose of enabling the lien to be had and enforced, the gravestone shall be deemed personal property and may be severed and removed, under execution and order of sale, from the lot where it is situated and may be sold in the same manner as any other personal property. [Formerly 65.870; 2021 c.296 15] Note: See note under
ORS Chapter 97 — Rights

ORS 97.680. Recording plan; power to improve and regulate grounds. (1) As used in this section, plan means a document indicating the placement of lots or burial spaces, and of the niches or inurnment spaces in the buildings erected thereon, as established and authorized by the cemetery authority. (2) A nonprofit corporation organized and existing solely for the purposes of owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains shall cause a plan of its land and grounds and of the lots laid out by it and of the niches or burial space in the buildings erected thereon to be made and recorded in the county in which such grounds and land are located, such lots or spaces to be numbered by regular consecutive numbers. Such corporation may enclose, improve, and adorn the grounds, buildings, and avenues, prescribe rules for the designation, improvement and adorning of lots and burial spaces and for erecting monuments, and prohibit any use, division, improvement or adornment of a lot or burial space which it may deem improper. [Formerly 65.875; 2021 c.296 16] Note: See note under
ORS Chapter 97 — Rights

ORS 97.710. Power of cemetery authority to make rules and regulations. (1) The cemetery authority may make and enforce rules and regulations for: (a) The use, care, control, management, restriction and protection of its cemetery; (b) Restricting and limiting the use of all property within its cemetery; (c) Regulating the uniformity, class and kind of all markers, monuments and other structures within its cemetery; (d) Prohibiting the erection of monuments, markers or other structures in or upon any portion of its property; (e) Regulating or preventing the erection of monuments, effigies and structures within any portion of the cemetery grounds and for the removal thereof; (f) Regulating the care or preventing the introduction of plants or shrubs within such grounds; (g) Preventing the interment in any part thereof of a body not entitled to interment therein; (h) Preventing the use of burial plots for purposes violative of its restrictions; (i) Regulating the conduct of persons and preventing improper assemblages therein; and (j) All other purposes deemed necessary by the cemetery authority for the proper conduct of its business and the protection and safeguarding of the premises and the principles, plans and ideals on which the cemetery was organized. (2) The cemetery authority from time to time may amend, add to, revise, change or modify such rules and regulations. (3) Such rules and regulations shall be plainly printed or typewritten and maintained, subject to inspection, in the office of the cemetery authority.
ORS Chapter 97 — Rights

ORS 97.720. Record of interments, cremations and reductions; inspection. (1) The person in charge of any premises on which interments, cremations or reductions are made shall keep a record of all remains interred or cremated or reduced on the premises under the persons charge, in each case stating the name of each deceased person, the date of interment, cremation or reduction, and the name and address of the funeral service practitioner. The interment records shall be open to inspection by survivors of the decedent during the customary office hours of the cemetery authority. (2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. [Amended by 2021 c.296 17]
ORS Chapter 97 — Rights

ORS 97.730. Gifts and bequests in trust for cemeteries. Gifts, grants and bequests of personal property in trust for the purpose of providing perpetual care and maintenance, improvement or embellishment of private burial lots in or outside of cemeteries and of the walks, fences, monuments, structures or tombs thereon, are permitted and shall be deemed to be for perpetual and benevolent uses. They are not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument creating the trust; nor are they invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing in this section affects any existing authority or cause to pass upon the reasonableness of the amount of such gift, grant or bequest. Any cemetery association may act as trustee of and execute any such trust with respect to lots, walks, fences, monuments, structures or tombs, both within or outside its own cemetery limits, but within the county where such cemetery association has its principal office and place of business, whether such power is otherwise included in its corporate powers or not. INDIAN GRAVES AND PROTECTED OBJECTS
ORS Chapter 97 — Rights

ORS 97.740. Definitions for ORS 97.740 to 97.760. For the purposes of ORS 97.740 to 97.760: (1) Burial has the meaning given that term in ORS 358.905. (2) Funerary object has the meaning given that term in ORS 358.905. (3) Human remains has the meaning given that term in ORS 358.905. (4) Indian tribe means any tribe of Indians recognized by the Secretary of the Interior or listed in the Klamath Termination Act, 25 U.S.C. 3564 et seq., or listed in the Western Oregon Indian Termination Act, 25 U.S.C. 3691 et seq., if the traditional cultural area of the tribe includes Oregon lands. (5) Object of cultural patrimony has the meaning given that term in ORS 358.905. (6) Professional archaeologist means a person who has extensive formal training and experience in systematic, scientific archaeology. (7) Sacred object has the meaning given that term in ORS 358.905.
ORS Chapter 97 — Rights

ORS 97.745. Prohibited acts; application; notice. (1) Except as provided in ORS 97.750, no person shall willfully remove, mutilate, deface, injure or destroy any cairn, burial, human remains, funerary object, sacred object or object of cultural patrimony of any native Indian. Persons disturbing native Indian cairns or burials through inadvertence, including by construction, mining, logging or agricultural activity, shall at their own expense reinter the human remains or funerary object under the supervision of the appropriate Indian tribe. (2) Except as authorized by the appropriate Indian tribe, no person shall: (a) Possess any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial in a manner other than that authorized under ORS 97.750. (b) Publicly display or exhibit any native Indian human remains, funerary object, sacred object or object of cultural patrimony. (c) Sell any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial or sell any sacred object or object of cultural patrimony. (3) This section does not apply to: (a) The possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian cairns or burials; or (b) Actions taken in the performance of official law enforcement duties. (4) Any discovered human remains suspected to be native Indian shall be reported to the state police, the State Historic Preservation Officer, the appropriate Indian tribe and the Commission on Indian Services.
ORS Chapter 97 — Rights

ORS 97.750. Permitted acts; notice. (1) Any proposed excavation by a professional archaeologist of a native Indian cairn or burial shall be initiated only after prior written notification to the State Historic Preservation Officer and the state police, as defined in ORS 358.905, and with the prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within 30 days of its mailing shall be deemed consent. All associated material objects, funerary objects and human remains removed during such an excavation shall be reinterred at the archaeologists expense under the supervision of the Indian tribe. (2) In order to determine the appropriate Indian tribe under this section and ORS
ORS Chapter 97 — Rights

ORS 97.760. Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees. (1) Apart from any criminal prosecution, an Indian tribe or enrolled member thereof shall have a civil action to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated ORS 97.745. The action must be brought within two years of the discovery of the violation by the plaintiff. The action may be filed in the circuit court of the county in which the subject grave, cairn, remains or artifacts are located, or within which the defendant resides. (2) Any conviction pursuant to ORS 97.990 (5) shall be prima facie evidence of a violation of ORS 97.745 in an action brought under this section. (3) If the plaintiff prevails: (a) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation. The court shall order the disposition of any items forfeited as it sees fit, including the reinterment of any human remains in accordance with ORS 97.745 (1); (b) The plaintiff shall recover imputed damages in an amount not to exceed $10,000 or actual damages, whichever is greater. Actual damages include special and general damages, which include damages for emotional distress; (c) The plaintiff may recover punitive damages upon proof that the violation was willful. Punitive damages may be recovered without proof of actual damages. All punitive damages shall be paid by the defendant to the Commission on Indian Services for the purposes of Indian historic preservation; and (d) An award of imputed or punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations. (4) The court may award reasonable attorney fees to the prevailing party in an action under this section.
ORS Chapter 97 — Rights

ORS 97.771. [1995 c.457 1; 1997 c.632 1; repealed by 1999 c.731 14] OREGON COMMISSION ON HISTORIC CEMETERIES
ORS Chapter 97 — Rights

ORS 97.772. Definition of historic cemetery. For purposes of ORS 97.772 to 97.784, historic cemetery means any burial place that contains the remains of one or more persons who died before the date that is 75 years before the current date. [1999 c.731 1; 2003 c.173 1; 2021 c.22 1] Note:
ORS Chapter 97 — Rights

ORS 97.774. Oregon Commission on Historic Cemeteries; terms. (1) There is established within the State Parks and Recreation Department the Oregon Commission on Historic Cemeteries consisting of seven members appointed by the State Parks and Recreation Director. (2) The term of office of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term. (3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1999 c.731 2; 2003 c.173 2] Note: See note under
ORS Chapter 97 — Rights

ORS 97.776. Commission members; nominations. The members of the Oregon Commission on Historic Cemeteries must be citizens of this state who are well informed on the restoration and maintenance of historic cemeteries. The State Parks and Recreation Director shall select members from nominations made by organizations of local historic cemeteries, organizations of nonprofit cemeteries, the State Mortuary and Cemetery Board and statewide cemetery associations. The director shall try to appoint individuals to the commission who represent or are knowledgeable concerning Native American burial places, rural cemeteries, family burial places and metropolitan cemeteries. [1999 c.731 4; 2003 c.173 3] Note: See note under
ORS Chapter 97 — Rights

ORS 97.778. Chairperson; quorum; meetings. (1) The Oregon Commission on Historic Cemeteries shall select one of its members as chairperson and another as vice chairperson for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. (2) A majority of the members of the commission constitutes a quorum for the transaction of business. (3) The commission shall meet at least once every three months at a place, day and hour determined by the commission. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [1999 c.731 5; 2003 c.173 4] Note: See note under
ORS Chapter 97 — Rights

ORS 97.780. Duties. The Oregon Commission on Historic Cemeteries shall: (1) Maintain a listing of all historic cemeteries in this state. (2) Assist in coordination of restoration, renovation and maintenance of Oregons historic cemeteries. (3) Make recommendations to the State Parks and Recreation Director for projects and funding to help maintain and improve Oregons historic cemeteries. (4) Obtain grant funding and seek legislative appropriations for individual historic cemeteries and groups of historic cemeteries. (5) Make recommendations to the Legislative Assembly for changes in law that will help protect historic cemeteries as part of Oregons heritage. (6) Assist the director in locating and listing historic cemeteries. (7) Assist cemeteries listed as historic cemeteries with the commission to rehabilitate and maintain those cemeteries and to promote public education relating to historic cemeteries. (8) Establish a process to obtain advice from authorities on the subject of the care of old grave markers and graveyards as part of any restoration process. [1999 c.731 6; 2003 c.173 5] Note: See note under
ORS Chapter 97 — Rights

ORS 97.782. Listing of historic cemeteries; form. A historic cemetery that is not an operating cemetery, as defined in ORS 692.010, shall be listed with the Oregon Commission on Historic Cemeteries. An owner or any other person or association of individuals that maintains such a historic cemetery shall list the historic cemetery with the Oregon Commission on Historic Cemeteries on a form provided by the commission. No fee shall be required from a historic cemetery for listing. [1999 c.731 7; 2003 c.173 6] Note: See note under
ORS Chapter 97 — Rights

ORS 97.784. Executive secretary; support services. The State Parks and Recreation Department shall provide support services to the Oregon Commission on Historic Cemeteries. One staff person of the department shall be the executive secretary of the commission. [1999 c.731 8; 2003 c.173 7] Note: See note under
ORS Chapter 97 — Rights

ORS 97.813. Standards of care for and public access to endowment care cemeteries; rules. The Department of Consumer and Business Services, in collaboration with the State Mortuary and Cemetery Board, shall adopt rules relating to: (1) Minimum standards of care for the maintenance and operation of endowment care cemeteries; and (2) The ability of the public to access the premises of endowment care cemeteries. [2019 c.8 4] Note: