reglab/housing_qa huggingface dataset:
LA Rev Stat § 8:659 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§659. Permission to move remains

RS 659 - Permission to move remains  A. The remains of a deceased person may be moved from a cemetery space to another cemetery space in the same cemetery or to another cemetery with the consent of the cemetery authority and the written consent of one of the following, in the order named, unless other specific directions, in the form of a notarial testament or a written and notarized declaration, have been given by the decedent:  (1) The surviving spouse, if there is no pending petition for divorce filed by either spouse prior to the death of the decedent spouse.  (2) A majority of the surviving adult children of the decedent.  (3) A majority of the surviving adult grandchildren of the decedent.  (4) The surviving parents of the decedent.  (5) A majority of the surviving adult siblings of the decedent.  B. If the required consent cannot be obtained, a final judgment of the district court of the parish where the cemetery is situated shall be required.  Acts 1990, No. 939, §1; Acts 1999, No. 1199, §1; Acts 2006, No. 609, §1; Acts 2018, No. 248, §1, eff. May 15, 2018.
LA Rev Stat § 8:660 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§660. Exceptions

RS 660 - Exceptions  The foregoing Sections shall not apply to or prohibit the following:  (1) The rearrangement of remains within the same cemetery space by or with the consent of the cemetery authority for the purpose of rearrangement or reuse in cemeteries which allow for rearrangement or reuse as defined in R.S. 8:1(36.1).  (2) The removal of remains by a cemetery authority from a cemetery space for which the purchase price or any other legitimate indebtedness to the cemetery authority is past due and unpaid, to some other suitable place.  (3) The disinterment of remains pursuant to an order of a court of competent jurisdiction or of a coroner of the parish in which the cemetery is located.  (4) The removal and transfer of remains to correct an error as provided in R.S. 8:813 provided that written notice shall be sent to the immediate family prior to the removal and transfer.  (5) The moving, identification, and reinterment of caskets, coffins, vaults, other outer burial containers, remains, and associated burial artifacts, displaced by a force majeure event and undertaken by the cemetery authority or its designee or any authorized government entity or its designee following a municipal, parish, or state declaration of emergency.  Acts 1990, No. 939, §1; Acts 1999, No. 1199, §1; Acts 2018, No. 248, §1, eff. May 15, 2018.
LA Rev Stat § 8:661 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§661. Undisposed remains; rules and regulations

RS 661 - Undisposed remains; rules and regulations Whenever any human remains have been in the lawful possession of any cemetery authority for a period of sixty days or more, and the relatives of or persons interested in the deceased person fail, neglect, or refuse for such periods of time, respectively, to direct the disposition to be made of the body, the body may be disposed of by the cemetery authority having lawful possession thereof, under and in accordance with such rules and regulations, if any, as may be made and promulgated by the governmental authority or authorities having jurisdiction over the matter. Acts 1974, No. 417, §1; Acts 2003, No. 1243, §1.
LA Rev Stat § 8:662 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§662. Record of remains to be kept

RS 662 - Record of remains to be kept The cemetery authority in charge of any premises on which interments are made shall keep a record of all remains interred on the premises under its charge, in each case stating the name of each deceased person, date of interment, location of interment, and name of the funeral director or funeral home. Acts 1974, No. 417, §1; Acts 2001, No. 468, §1; Acts 2003, No. 1243, §1.
LA Rev Stat § 8:671 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§671. Short title

RS 671 - Short title This Chapter shall be known as the "Louisiana Unmarked Human Burial Sites Preservation Act".  Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
LA Rev Stat § 8:672 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§672. Legislative declaration of intent

RS 672 - Legislative declaration of intent The legislature finds that existing state laws do not provide for the adequate protection of unmarked burial sites and of human skeletal remains and burial artifacts in such sites. As a result, there is a real and growing threat to the safety and sanctity of unmarked burial sites, both from economic development of the land and from persons engaged for personal or financial gain in the mining of prehistoric and historic Indian, pioneer, and Civil War and other soldiers' burial sites. Therefore, there is an immediate need for legislation to protect the burial sites of these earlier residents of Louisiana from desecration and to enable the proper archaeological investigation and study when disturbance of a burial site is necessary or desirable. The legislature intends that this Chapter shall assure that all human burial sites shall be accorded equal treatment, protection, and respect for human dignity without reference to ethnic origins, cultural backgrounds, or religious affiliations.  Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
LA Rev Stat § 8:673 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§673. Definitions

RS 673 - Definitions As used in this Chapter, unless the context clearly indicates otherwise, the following terms shall have the meanings indicated: (1) "Burial artifact" means any item of human manufacture or use that is in an unmarked burial site. (2) "Disturb" includes excavating, removing, exposing, defacing, mutilating, destroying, molesting, or desecrating in any way any unmarked burial sites or any human skeletal remains, burial artifacts, or burial markers on or in an unmarked burial site without a permit. (3) "Human skeletal remains" means any part of the body of a deceased human being in any stage of decomposition. (4) "Secretary" means the secretary of the Department of Culture, Recreation and Tourism or the person designated by the secretary to administer the provisions of this Chapter. (5) "Unmarked burial site" means the immediate area where one or more human skeletal remains are found in the ground that is not in a recognized and maintained municipal, fraternal, religious, or family cemetery, or a cemetery authorized by the Louisiana Cemetery Board. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:674 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§674. Exclusions

RS 674 - Exclusions This Chapter shall not apply to the following: (1) A cemetery operated under the authority and regulation of the Louisiana Cemetery Board, or any recognized and maintained municipal, fraternal, religious, or family cemetery.  (2) The use of land for purposes of farming, cattle raising, timber growing, and other similar surface uses that will not result in the disturbance of human skeletal remains through excavation or other activities.  Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
LA Rev Stat § 8:675 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§675. Repealed by Acts 2009, No. 438, §6B.

RS 675 - Repealed by Acts 2009, No. 438, §6B.
LA Rev Stat § 8:676 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§676. Powers and duties of the secretary

RS 676 - Powers and duties of the secretary A. The secretary shall have the following powers and duties: (1) To implement and to enforce this Chapter and the powers and duties assigned to the secretary by law. (2) To adopt such rules and regulations as are necessary to implement and to enforce this Chapter and the powers and duties assigned to the secretary by law. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act. (3) To consult with all interested parties on occasions of disturbance of unmarked burial sites to determine a proper course of action. (4) To institute civil proceedings seeking injunctive or other relief to restrain and to prevent violations of this Chapter or the laws or administrative rules administered or enforced by the secretary. (5) To institute civil proceedings seeking restitution, payment of costs, or other monetary relief necessary to prevent, restore, or repair damage to unmarked burial sites, human skeletal remains, or burial artifacts from unmarked burial sites, or to retrieve human skeletal remains or burial artifacts removed in violation of this Chapter. (6) To issue permits for the disinterment and/or for the scientific study of human skeletal remains and burial artifacts found in unmarked burial sites. The secretary may adopt rules and regulations to provide for the issuance of emergency permits by the state archaeologist. (7) To charge a permit fee not to exceed one hundred dollars for each such permit. The monies collected from the issuance of permits, subject to applicable provisions of law, shall be used as provided for funds from civil damages in Subsection B of this Section. (8) To issue permits for the special exhibition of human skeletal remains from unmarked burial sites if the secretary determines that the remains are of exceptional scientific or cultural significance. (9) To issue permits for the use of human skeletal remains which have been legally obtained from unmarked burial sites and are intended strictly for teaching purposes at accredited institutions of higher learning, including but not limited to nonpublic display of human skeletal remains. B. Civil damages, except for attorney fees, recovered by the secretary, subject to applicable provisions of law, shall be used by the secretary to implement and enforce this Chapter and to fund activities of the division of archaeology in regard to restoration and protection of burial sites, in accordance with regulations adopted by the secretary and other applicable laws. Attorney fees shall be paid to the Louisiana Department of Justice. C. Provisional permits may be used by the division of archaeology until rules and regulations governing permitting are adopted. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:677 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§677. Revocation or suspension of permits

RS 677 - Revocation or suspension of permits A. The secretary may revoke or suspend any permit issued under the provisions of this Chapter upon a determination that the holder of the permit has violated the provisions of this Chapter or the rules and regulations adopted pursuant thereto, or has failed to meet the professional or occupational standards determined by the secretary, or has failed to ensure that the personnel employed by the holder of the permit meet the professional or occupational standards determined by the secretary. B. Permits may be revoked or suspended only by a ruling of the secretary based on an adjudicatory hearing held in accordance with the provisions of the Louisiana Administrative Procedure Act. C. The secretary shall notify each person whose permit has been revoked or suspended, by certified mail, return receipt requested. D. Each person whose permit has been revoked or suspended shall return the permit to the secretary within fifteen days of the date on which the notice of the revocation or suspension was received. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:678 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§678. Unlawful acts

RS 678 - Unlawful acts A. It is unlawful for any person, entity, or group, to whom the secretary has not issued a permit, to knowingly: (1) Disturb an unmarked burial site or any human skeletal remains or burial artifacts in an unmarked burial site. (2) Buy, sell, barter, exchange, give, receive, possess, display, discard, or destroy human skeletal remains from an unmarked burial site or burial artifacts. However, any human skeletal remains or burial artifacts from an unmarked burial site which come into Louisiana from any foreign country or any other state or territory of the United States and are documented to have been obtained lawfully under the laws of the respective country, state, or territory may be given, received, studied, or displayed without violating this Chapter. (a) Any human remains which were lawfully acquired prior to January 1, 1992, may remain in the possession of the current holder. (b) Any burial artifacts which were lawfully acquired prior to January 1, 1992, may remain in the possession of and be displayed by the current holder. (3) Allow any person, entity, or group access to an unmarked burial site, human skeletal remains, or burial artifacts for the purpose of disturbing them. (4) Provide funds to or for any person, entity, or group for the purpose of disturbing any unmarked burial site, human skeletal remains, or burial artifacts. B. Each violation of this Section shall be punishable upon conviction of a first offense by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Upon conviction of a second or subsequent offense each violation shall be punishable by imprisonment for not more than two years or a fine of not more than ten thousand dollars, or both. Each disturbance of an unmarked burial site, human skeletal remains, or burial artifacts constitutes a separate offense. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:679 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§679. Civil remedies

RS 679 - Civil remedies A. The secretary may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter or the laws or administrative rules administered or enforced by the secretary. B. The secretary may also institute civil proceedings seeking civil damages from any person who knowingly violates any provision of R.S. 8:678. Civil damages shall include any or all of the following: (1) Forfeiture of any and all equipment used in disturbing the unmarked burial site, human skeletal remains, or burial artifacts. (2) Any and all costs incurred in cleaning, restoring, analyzing, accessioning, and curating the recovered human skeletal remains or burial artifacts. (3) Any and all costs associated with protecting the unmarked burial site from further damage or in restoring the unmarked burial site to its original condition. (4) Any and all costs associated with recovery of data, and analyzing, publishing, accessioning, and curating materials when the prohibited activity is so extensive as to preclude the restoration of the unmarked burial site. (5) Any and all costs associated with the reinterment of the human skeletal remains. (6) Any and all costs associated with determining and collecting the civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs. C. The secretary may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the unmarked burial site, the human skeletal remains, or the burial artifacts are located. D. The attorney general shall represent the secretary in all matters pertaining to the administration or enforcement of this Chapter, or both, except in those matters in which the secretary has employed special counsel. The secretary may employ and shall fix the compensation of such special counsel with the concurrence of the attorney general and in accordance with the laws and regulations regarding employment of special counsel. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:680 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§680. Discovery of unmarked burial sites, human skeletal remains, and burial artifacts

RS 680 - Discovery of unmarked burial sites, human skeletal remains, and burial artifacts A. Any person who has reason to believe he or she has discovered an unmarked burial site or received human skeletal remains from an unmarked burial site shall notify the law enforcement agency of the jurisdiction where the site or remains are located within twenty-four hours of discovery. Any person who has reason to believe he or she has discovered or received burial artifacts shall notify the secretary through the division of archaeology within seventy-two hours of the discovery. Failure to give notice as required is a misdemeanor punishable by a fine of not less than one hundred dollars nor more than one thousand dollars. B. Any activity that may disturb the unmarked burial site, human skeletal remains, or burial artifacts associated with the site shall immediately cease on discovery. No activity which will disturb the unmarked burial site shall resume until the secretary has issued a permit governing the disposition of the unmarked burial site, the human skeletal remains, or the burial artifacts. In no event shall the secretary take longer than thirty days to decide on issuance of a permit without the written agreement of all parties. C. Each law enforcement agency that receives notice of an unmarked burial site or human skeletal remains shall immediately notify the coroner of the parish where the site or remains are found. The law enforcement agency shall also notify the secretary through the division of archaeology within two business days of any discovery unless circumstances indicate that the death or burial is less than fifty years old or that there is need for a criminal investigation or legal inquiry by the coroner. D. If the coroner finds that the unmarked burial site is over fifty years old and that there is no need for a legal inquiry by his office or for a criminal investigation, the secretary shall have jurisdiction of the site, human skeletal remains, and the burial artifacts. Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
LA Rev Stat § 8:701 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§701. Application

RS 701 - Application This chapter applies to all undeveloped land of a cemetery authority that is used, intended to be used or converted into use for the interment of human remains.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:702 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§702. Standards of construction

RS 702 - Standards of construction No undeveloped land shall be sold or otherwise disposed of for use for the interment of human remains unless the person, cemetery authority or other entity that intends to sell or otherwise dispose of such land for such use has made reasonable and adequate provisions for the installation of the necessary roadways, walkways, drainage, embellishments, features, landscaping and other facilities that will insure the completion of said undeveloped land into the kind of cemetery that is being or will be represented for sale to the buying public.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:703 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§703. Compliance with ordinances and specifications

RS 703 - Compliance with ordinances and specifications The development of said undeveloped land shall comply with the laws, ordinances, building codes and any and all other lawful requirements of the state, parish and municipality in which the said land is located.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:704 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§704. Improper use a nuisance; penalty

RS 704 - Improper use a nuisance; penalty Every landowner who sells or otherwise disposes of or causes or permits the sale or other disposition of undeveloped land for use for the interment of human remains in violation of this section shall be guilty of maintaining a public nuisance and, upon conviction, shall be punishable by fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment for not less than one month nor more than six months, or both.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:705 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§705. Construction in compliance with existing laws

RS 705 - Construction in compliance with existing laws The penalties of this title shall not apply as to any land that is being used for the interment of human remains if the continued use of such land is not in violation of the laws for the protection of public health.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:705.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§705.1. Commencement requirements; application form; application fee

RS 705.1 - Commencement requirements; application form; application fee  A. Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a garden which has not yet been developed, the cemetery authority shall submit to the board all of the following:  (1) A copy of the preliminary plans.  (2) A map or plat delineating the sections, blocks, plots, or other subdivisions with descriptive names or numbers.  (3) A copy of all sales promotion material.  (4) A copy of the pre-construction sales contract.  B. The cemetery authority shall submit the information required in this Subsection on an application form prescribed by the board, accompanied by an application fee of two hundred fifty dollars to cover the board's reasonable and ordinary expenses associated with determining compliance with the applicable provisions of this Title.  Acts 2015, No. 222, §1.
LA Rev Stat § 8:706 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§706. Commencement and completion requirements

RS 706 - Commencement and completion requirements A. A cemetery authority shall commence the installation of the necessary improvements to the undeveloped land in which sales, contracts for sales, or reservations for sales are being made, within twenty-four months after the date of the first such sale. The completion of all such necessary improvements shall be no later than forty-eight months after the date of the first sale. However, extensions for completion, not to exceed six months, may be granted by the board for reasonable cause, but in no event shall any such extension exceed one year, with the exception of extensions provided pursuant to Subsection B of this Section. B. The board, at its discretion, may grant an extension to the time period set forth in Subsection A of this Section based upon the occurrence of a force majeure event. Such an extension shall be granted only for reasonable cause. Each force majeure event shall be treated as a separate incident. C. Failure to commence and/or complete development within the time herein required shall be a misdemeanor punishable by fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment of not less than thirty days nor more than one year, or both. Acts 1974, No. 417, §1; Acts 2010, No. 63, §1.
LA Rev Stat § 8:801 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§801. Recognized owner of title

RS 801 - Recognized owner of title The person or persons or entity in whose names the official title to a cemetery space appears in the official records of a cemetery authority shall be treated as the owner of said space by the cemetery authority.  Acts 1974, No. 417, §1.