reglab/housing_qa huggingface dataset:
LA Rev Stat § 8:308.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§308.1. Franklin; interment space ownership

RS 308.1 - Franklin; interment space ownership  A. If the city of Franklin determines that the ownership of an unused interment space in a cemetery it governs is ambiguous because the right to use the space for interment may have been sold more than one hundred years previously, but no record of such a sale is extant, the city may assume control of and sell the interment space after diligent effort to locate possible current owners by a review of the public records and the procedure established in Subsection B of this Section.  B. The city shall publish a public notice in its official journal, once a month for twelve consecutive months, attempting to locate owners of any such spaces. Such notice shall, at a minimum, provide each of the following:  (1) The identity of the interment spaces, either individually or by description of the general area of the cemetery where multiple spaces are located.  (2) A statement explaining that the right of interment in such a space may have been sold more than one hundred years previously, but the city has no record of such a sale.  (3) An address where a person who can show an ownership interest in such a space may present evidence of such ownership.  (4) A specific date after which the city assumes full ownership of any unclaimed spaces and after which a previous owner has no right, title, or interest in or to such a space.  C. After compliance with Subsection B of this Section, the city shall have full ownership and control of any interment spaces referenced in the notices specified in Subsection B of this Section, if no person files suit or otherwise presents sufficient evidence of an ownership interest on or before the date specified in Paragraph (B)(4) of this Section. However, if a person's claim of ownership is presented on a timely basis but evidence is insufficient to justify a belief therein, the claim for which the person may file suit is subject to a liberative prescription of one year from the date specified in Paragraph (B)(4) of this Section. If the person does not timely file suit as specified in this Subsection, the city may thereafter sell and convey such interment spaces as provided by law.  Acts 2015, No. 73, §1.
LA Rev Stat § 8:309 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§309. Execution of conveyances

RS 309 - Execution of conveyances All conveyances made by a cemetery authority shall be signed by such officer or officers as are authorized by the cemetery authority.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:310 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§310. Interment spaces indivisible

RS 310 - Interment spaces indivisible All interment spaces the use of which has been conveyed by deed or certificate of ownership are indivisible except with the consent of the cemetery.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:311 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§311. Commission on sales prohibited

RS 311 - Commission on sales prohibited It shall be unlawful for a cemetery authority, directly or indirectly, to pay or offer to pay to any person, firm or corporation not licensed under this title, a commission or bonus or rebate or other thing of value for the sale of an interment space. This shall not apply to a person employed by the cemetery authority to make such sales.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:312 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§312. Employment of solicitors prohibited

RS 312 - Employment of solicitors prohibited It shall be unlawful for any person, firm or corporation, directly or indirectly, to pay or cause to be paid or offer to pay to any other person, firm or corporation, except the employee of a cemetery authority or a duly licensed cemetery sales organization, any commission, bonus, rebate or other thing of value in consideration for recommending that a dead human being be disposed of in any crematory or interred in an interment space.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:313 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§313. Exemption from seizure and sale; mortgage prohibited

RS 313 - Exemption from seizure and sale; mortgage prohibited Property dedicated for cemetery purposes, including cemetery spaces and the land on which they stand, shall be exempt from seizure and sale for debt and shall not be susceptible for mortgage or other hypothecation, whether legal or conventional, and it shall be unlawful for any clerk of court or recorder of mortgages to record or certify any mortgage or encumbrance as bearing against any such property.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:314 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§314. Record of ownership and transfers

RS 314 - Record of ownership and transfers A record shall be kept by each cemetery authority of the ownership of each interment space in the cemetery conveyed by it and of all transfers thereof. No transfer of any interment space heretofore or hereafter made, or of any right of interment, shall be complete or effective until actually recorded in the official records of the cemetery authority.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:315 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§315. Inspection of records

RS 315 - Inspection of records The official records of each cemetery authority shall be open to inspection by the owner or duly authorized representative of an interment space during the customary office hours of the cemetery.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:316 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§316. Opening of roads, railroads through cemetery; consent required, exception

RS 316 - Opening of roads, railroads through cemetery; consent required, exception After dedication pursuant to this title, and as long as the property remains dedicated to cemetery purposes, no railroad, street, road, alley, pipe line, pole line or other public thoroughfare or utility shall be laid out, through, over or across any part of it without the consent of the cemetery authority owning and operating it. If said cemetery authority is not in existence or not operating, then the consent of not less than two-thirds of the owners of interment spaces shall be required.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:317 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§317. Certain cemetery lands exempt from taxes

RS 317 - Certain cemetery lands exempt from taxes Property dedicated for cemetery purposes, including cemetery spaces and the land on which they stand, shall be exempt from all taxation to the fullest extent permitted by the constitution and laws of this state.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:401 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§401. License to engage in business

RS 401 - License to engage in business No person shall engage in the business of a cemetery sales organization or a cemetery management organization except as authorized by this title and without first obtaining a license from the board.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:402 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§402. Application for license

RS 402 - Application for license Any person wishing to establish and operate the business of a cemetery sales organization or a cemetery management organization must operate as a corporation as required by R.S. 8:201 and shall file with the board a written application for a license to operate. The application shall be on a form issued by the board which shall require, as a minimum, that the documents and information submitted to the board shall include: (1) A statement of the states or other jurisdictions in which the corporation presently is conducting the business activity for which a license is being applied and any adverse order, judgment, or decree entered against the applicant in each jurisdiction or by any court.  (2) The corporation's name, address, the form of its organization, and the address of each of its offices within and without the state.  (3) The name, address, and principal occupation for the past five years of every director and officer of the applicant, and the name, address, and principal occupation for the past five years of every principal owner and principal stockholder. For this purpose, any individual whose interest in the applicant exceeds ten percent shall be considered a principal owner or stockholder.  (4) A copy of the articles of incorporation that establish the legal entity of the applicant.  (5) A narrative description of the promotional plan for the sale of cemetery property and services.  Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1.
LA Rev Stat § 8:403 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§403. Application fee; annual fee

RS 403 - Application fee; annual fee  The application shall be accompanied by an initial filing fee of two hundred fifty dollars for each cemetery sales organization and each cemetery management organization. An annual fee of a like amount shall be paid. If ninety percent or more of the applicant is owned by an existing cemetery authority operating under the provisions of this Title, the initial filing fee, as well as the annual fee, shall be one-half of the sums set out herein.  Acts 1974, No. 417, §1; Acts 2015, No. 222, §1.
LA Rev Stat § 8:404 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§404. Investigation by board

RS 404 - Investigation by board Upon receipt of an application, together with the filing fee, the board shall cause an investigation to be made, prior to approval of an applicant, to determine the following: (1) The legal entity that is to conduct the business of applicant and if said entity is a foreign corporation, whether or not it is qualified to do business in Louisiana; and (2) The identity of the principal owners, principal stockholders, and of all directors and officers, and the ability, experience, financial stability and integrity of each of said parties to conduct the business stated in the application.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:405 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§405. Issuance of license; board's discretion

RS 405 - Issuance of license; board's discretion The board, after receipt and consideration of the application and investigation report, may issue or refuse to issue the authority to engage in the business requested.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:406 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§406. Denial procedure

RS 406 - Denial procedure If the board intends to deny an application for authority, it shall give written notice thereof to the applicant. The notice shall state a time and a place for hearing before the board and a summary statement of the reasons for the proposed denial. The notice shall be mailed by certified mail to the applicant at the address stated in the application at least fifteen days prior to the scheduled hearing date. The board may require the applicant to pay the costs of such hearing if the proposed denial is sustained. An appeal from the board's decision may be had to the district court of the board's domicile.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:407 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§407. Sale or transfer of cemetery sales or cemetery management organization; application for new license; compliance required

RS 407 - Sale or transfer of cemetery sales or cemetery management organization; application for new license; compliance required Within ten days after the sale or transfer of ownership or control of a cemetery sales or management organization, the transferor organization must return its license to the board. The transferee, within ten days, must apply for a new license and meet all the requirements of this Chapter. Upon the filing of a completed application, the transferee may operate the business until its application is acted upon by the board.  Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1.
LA Rev Stat § 8:408 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§408. Penalties

RS 408 - Penalties Any person, cemetery sales organization or cemetery management organization violating the provisions of this chapter shall be guilty of a misdemeanor punishable by a 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, and shall be subject to revocation of his or its license to operate.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:411 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§411. Definitions

RS 411 - Definitions  As used in this Chapter, the following terms have the meanings hereinafter ascribed to them:  (1) "Abandoned cemetery" means any cemetery for which the board, in its discretion and after having been provided with the requisite title information establishing the title owner of the property, determines it is impossible or impractical to locate the current owner based upon its findings, including but not limited to a presentation of title history by the applicant for an abandoned cemetery sales and management license.  (2) "Abandoned cemetery sales and management license" means any license issued by the board pursuant to the provisions of this Chapter.  (3) "Board" means the Louisiana Cemetery Board.  (4) "Division" means the division of archaeology of the office of cultural development within the Department of Culture, Recreation and Tourism.  (5) "Licensee" means any person who has been issued an abandoned cemetery sales and management license by the board.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:412 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§412. Application for license; qualifications; fees

RS 412 - Application for license; qualifications; fees  A. The board may charge an application fee for an abandoned cemetery sales and management license in the amount of two hundred fifty dollars and an annual license renewal fee in the amount of two hundred fifty dollars.  B. An abandoned cemetery sales and management license shall be issued only to a nonprofit juridical person, and the officers and directors of such entities shall serve voluntarily and without compensation for their services.  (1) Any excess funds realized by a licensee shall be deposited into a trust account, and the funds of the account may be used only for the maintenance and upkeep of the cemetery and the cemetery records.  (2) Nothing herein shall restrict a licensee from paying necessary expenses and maintenance costs to contractors.  C. Nonprofit juridical persons whose officers, directors, or members have ancestors within an abandoned cemetery and who meet the qualifications to obtain a cemetery management organization or cemetery sales organization license pursuant to R.S. 8:402 may apply to the board, pursuant to this Chapter, for an abandoned cemetery sales and management license.  D.(1) Prior to the issuance of any license issued pursuant to this Chapter, the board shall consult with the division regarding the reasonableness of the operation of any abandoned cemetery.  (2) The division may impose reasonable conditions and limitations on any license issued by the board relative to a particular abandoned cemetery.  (3) The division shall have a cause of action for specific performance against any licensee who violates the provisions of this Subsection.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:413 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§413. Licensee authority; restrictions

RS 413 - Licensee authority; restrictions  A. A licensee shall have exclusive authority to operate the cemetery, regardless of any other person who subsequently applies for licensure to operate the same cemetery, for as long as his abandoned cemetery sales and management license is valid.  B. A licensee may do any of the following relative to the cemetery subject to the license:  (1) Sell grave spaces, openings, and closings in the cemetery.  (2) Make and enforce written rules and regulations for the operation and maintenance of the cemetery.  C.(1) A licensee is expressly prohibited from selling merchandise in any manner that would either require monies to be deposited into a trust fund as required by the provisions of Chapter 8 of this Title or otherwise necessitate adherence to any provision of Chapter 8 of this Title.  (2) Any merchandise or service sold by a licensee shall be delivered or performed within one hundred twenty days of entering into the applicable contract with the consumer.  D.(1) The licensee is prohibited from destroying or removing any original grave markers from the premises of the cemetery without obtaining the permission required by R.S. 8:659.  (2) Nothing in this Subsection shall prohibit the licensee from removing trash or other common waste or debris from the cemetery premises.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:414 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§414. Additional powers of the board

RS 414 - Additional powers of the board  The board may do any of the following:  (1) Refuse issuance of an abandoned cemetery sales and management license if the board finds that ownership of the abandoned cemetery is in dispute.  (2) Revoke or suspend an abandoned cemetery sales and management license if the board finds:  (a) The existence of credible evidence of an ownership dispute for the cemetery subject to the license.  (b) The violation by a licensee of any provision of this Title or any applicable rule or regulation promulgated by the board.  (3) Summarily suspend an abandoned cemetery sales and management license, pursuant to R.S. 49:961, when the board finds that public health, safety, or welfare imperatively requires emergency action.  (4) Impose upon a licensee certain retroactive recordkeeping or record creation requirements, including but not limited to the creation of known interment logs, plats, and maps, and any other documentation reasonably necessary for the cemetery subject to the license to be operated in compliance with the provisions of this Title.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:415 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§415. Labor by prisoners permitted

RS 415 - Labor by prisoners permitted  A. For the purpose of abating any public health or safety risks, the state or any local political subdivision may, after consultation with the division, use prison labor, subject to the provisions of R.S. 15:708, to clean and maintain abandoned cemeteries.  B.(1) The state or any local political subdivision shall obtain the consent of a licensee prior to using prison labor to perform any work on a cemetery that is subject to an abandoned cemetery sales and management license.  (2) In the event that a licensee consents to the use of prison labor on the abandoned cemetery subject to his license, the licensee shall reimburse the appropriate prison any cost incurred by use of the prison labor.  C. The cost of any use of prison labor on an abandoned cemetery shall be reimbursed to the appropriate prison by the requesting governmental entity except as provided for in Paragraph (B)(2) of this Section.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:416 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§416. Liability

RS 416 - Liability  A. A licensee shall adhere to all provisions of this Title that would otherwise be applicable to an actual owner of the cemetery.  B.(1) Any liability that results from the unlawful act or inadequate management of a prior owner or operator of a cemetery shall be strictly limited to the prior owner or operator.  (2) No cause or right of action shall be enforceable against a licensee for any unlawful action or inadequate management of a prior owner or operator of the cemetery.  C. Nothing in this Section is intended to relieve a licensee from his own independent liability.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:417 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§417. Inadvertent discovery

RS 417 - Inadvertent discovery  In the event of an inadvertent discovery of an unknown or unmarked grave by a licensee, the licensee shall document the existence of the grave and close the grave, but he shall neither disturb any human remains therein nor reuse the grave without the authority of those individuals identified in R.S. 8:659.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:418 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§418. Scope

RS 418 - Scope  No provision within this Chapter shall supersede any other provisions of this Title to the contrary.  Acts 2016, No. 413, §1, eff. Jan. 1, 2017.
LA Rev Stat § 8:451 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§451. Corporate operation

RS 451 - Corporate operation It shall be unlawful to operate a perpetual or endowed care cemetery in this state except by means of a corporation organized under the laws of this state. This Section, however, shall not apply to any person, firm, or corporation which, prior to August 1, 1962, owned and operated a cemetery in which said persons, firm, or corporation had sold or contracted to sell interment spaces with a provision for perpetual or endowed care, if said person, firm, or corporation has complied with the provisions of R.S. 8:457. Acts 1974, No. 417, §1; Acts 2001, No. 468, §1.
LA Rev Stat § 8:452 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§452. Certification of trust fund in articles of incorporation; amendments

RS 452 - Certification of trust fund in articles of incorporation; amendments No certificate of authority shall be issued to a corporation organized for the purpose of maintaining and operating a perpetual or endowed care cemetery unless its articles of incorporation provide for the establishment of a trust fund for such care in accordance with the provisions of this Chapter. Prior to commencing business, the corporation shall execute a written instrument establishing the trust fund and the trustee therein designated shall acknowledge in writing receipt of the minimum deposit required by this Chapter. The trust agreement shall be open for inspection and a copy of such agreement and any amendments thereto, as well as the receipt of the trustee, shall be filed with the board for approval within thirty days of execution. Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 1997, No. 921, §1.
LA Rev Stat § 8:453 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§453. Cemeteries in existence on August 1, 1962; acts prohibited

RS 453 - Cemeteries in existence on August 1, 1962; acts prohibited No owner of a cemetery in existence on August 1, 1962 who previously to such date has not sold or contracted to sell any interment space in said cemetery with a provision for perpetual or endowed care shall thereafter advertise or otherwise hold out to the public that said cemetery or any individual interment space therein is entitled to perpetual or endowed care unless the owner has established a trust fund for perpetual or endowed care as provided by this chapter.  Acts 1974, No. 417, §1.