reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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. [Amended by 2007 c.661 §3; 2021 c.296 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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. [Amended by 1989 c.171 §13; 2007 c.661 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.580 - Divestiture of spouse’s 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 owner’s 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 owner’s interment; one for the owner’s 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 child’s 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 owner’s 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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:
97.660 to 97.680 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.660.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.660.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.660.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 person’s 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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. [1977 c.647 §1; 1981 c.442 §3; 1985 c.198 §2; 1993 c.459 §9; 1997 c.249 §34]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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. [1977 c.647 §2; 1979 c.420 §1; 1981 c.442 §4; 1985 c.198 §1; 1993 c.459 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 archaeologist’s expense under the supervision of the Indian tribe.
(2) In order to determine the appropriate Indian tribe under this section and ORS 97.745, a professional archaeologist or other person shall consult with the Commission on Indian Services which shall designate the appropriate tribe. [1977 c.647 §3; 1979 c.420 §2; 1981 c.442 §5; 1993 c.459 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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. [1981 c.442 §2; 1995 c.543 §1; 1995 c.618 §55]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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:
97.772 to 97.784 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 Oregon’s historic cemeteries.
(3) Make recommendations to the State Parks and Recreation Director for projects and funding to help maintain and improve Oregon’s 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 Oregon’s 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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 97.772.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 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:
97.813 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.820 - Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.

(1) Every cemetery authority that operates a cemetery may place its cemetery under endowed care and establish, maintain and operate an endowment care fund. All endowed care funds shall be deposited with and held solely by the trustee or custodian appointed by the cemetery authority.
(2) Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The income of the endowment care fund may be used only to finance the care of the cemetery.
(3) The cemetery authority shall appoint as sole trustee of the endowment care fund a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, or an insured institution as defined in ORS 706.008 that is authorized to accept deposits in this state. Such trust company or insured institution shall receive and accept the fund, including any accumulated endowment care fund in existence at the time of its appointment and perform such duties as are agreed upon in the agreement between it and the cemetery authority. An insured institution not qualified to transact trust business in this state may act as custodian of such endowment care fund provided:
(a) The duties of the insured institution are essentially custodial or ministerial in nature; and
(b) The insured institution invests the funds from such plan only in its own time or savings deposits.
(4) The trustee or custodian may resign upon written notice to the cemetery authority or the cemetery authority may remove the trustee or custodian by written notice to it. In case of the resignation or removal of the trustee or custodian, the cemetery authority forthwith shall appoint a successor trustee or custodian and provide for the direct transfer of all endowed care funds and earnings thereon from the former trustee or custodian to the successor trustee or custodian. [Amended by 1955 c.545 §3; 1965 c.396 §5; 1985 c.450 §1; 1987 c.295 §2; 1993 c.18 §19; 1993 c.229 §22; 1993 c.318 §11; 1997 c.167 §2; 1997 c.631 §395; 2007 c.661 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.823 - Prohibitions related to endowment care cemeteries.

A person may not, in connection with operating an endowment care cemetery:
(1) Employ any device, scheme or artifice to defraud;
(2) Knowingly make any untrue statement of a material fact or omit stating a material fact necessary in order to make the statements made, in light of the circumstances under which the statements are made, not misleading;
(3) Engage in an act, practice or course of business that operates or would operate as a fraud or deceit upon any person; or
(4) Make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services, a statement, report or document that is known to be false in any material respect or matter. [2019 c.8 §5]
Note:
97.823 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.830 - Investment and reinvestment of principal of endowed care funds; use and application of income.

(1) The principal of all funds for endowed care shall be invested, from time to time reinvested and kept invested. If a trust agreement imposes upon the trustee or custodian the duty to direct the investment or reinvestment of endowed care funds, the trustee or custodian shall perform this duty governed by ORS 130.750 to 130.775. Otherwise, the cemetery authority, governed by ORS 130.750 to 130.775, shall direct the investment and reinvestment of endowed care funds in the time or savings deposits of the custodian bank or savings association.
(2) The principal of invested endowed care funds shall never be voluntarily reduced, but shall be maintained separate and distinct by the trustee or custodian from all other funds except that it shall be proper to commingle endowment care funds with special care funds. The payment of charges chargeable against principal under ORS chapter 129 or of other expenses necessarily incurred in the administration of the trust in accordance with subsection (1) of this section shall not constitute a voluntary reduction of principal. The net income earned shall be used solely for the general care and maintenance of the cemetery property entitled to endowment care, as stipulated in the resolution, bylaw and other action or instrument by which the fund was established, and in such manner as the cemetery authority may from time to time determine to be in the best interests of such endowed property. Such net income shall never be used for the improvement or embellishment of undeveloped property offered for sale. [Amended by 1955 c.545 §4; 1985 c.450 §3; 1987 c.295 §3; 1995 c.157 §24; 1995 c.297 §1; 2003 c.279 §32; 2005 c.348 §125]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.835 - Limitation of duties and liability of trustee.

The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall have no duty whatsoever to enforce collection of any of the trust funds either from the purchasers of lots, or from the cemetery authority, and the trustee shall have no duty whatsoever to see to the application of the net income after payment of the net income to the cemetery authority. The trustee shall be entitled to rely without liability upon the affidavit of the cemetery authority showing the amount payable to the trustee as endowment care funds. [1955 c.545 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.840 - Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.

A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. Within 30 days of the receipt of such contributions, the cemetery authority shall deposit, with the trustee or custodian of the fund to which the property was contributed, all moneys and all documents or instruments of title or conveyance evidencing the contribution. As soon as practicable, the cemetery authority shall provide for the sale of all property for fair market value and, within 30 days of the receipt of the proceeds thereof, shall deposit the proceeds with the trustee or custodian. The trustee or custodian shall execute all documents necessary to effect the sale, consistent with the purposes of this section. [Amended by 1987 c.295 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.843 - Endowment and special care funds are charitable.

The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. [Formerly 97.850]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.846 - Agreements for care.

(1) Upon payment of the purchase price, including the amount fixed as a proportionate contribution for endowed care, there may be included in the deed of conveyance, or by separate instrument, an agreement to care, in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution permits.
(2) Upon the application of an owner of any plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowed care, a cemetery authority may enter into an agreement with the owner for the care of the plot of the owner and its appurtenances. [Formerly 97.860]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.849 - Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery.

(1) The Department of Consumer and Business Services may, if a cemetery authority responsible for an endowment care cemetery violates a provision of ORS 97.810 to 97.920 with respect to the endowment care cemetery:
(a) Issue an emergency order to suspend or restrict the operations of an endowment care cemetery; or
(b) Take other action deemed necessary by the Director of the Department of Consumer and Business Services.
(2) After taking an action described in subsection (1) of this section, the director shall promptly provide opportunity for a hearing pursuant to ORS chapter 183.
(3) An emergency order is:
(a) Effective upon issuance;
(b) Reviewable as provided in ORS 183.480; and
(c) Enforceable in the courts of this state. [2019 c.8 §2]
Note:
97.849 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift › Section 97.852 - Receivership of endowment care cemetery.

(1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery:
(a) The Department of Consumer and Business Services;
(b) The district attorney of the county where the endowment care cemetery is located; or
(c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located.
(2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver:
(a) To ensure the orderly and proper conduct of an endowment care cemetery’s professional business and affairs during or after an administrative proceeding;
(b) To protect the public’s interest and rights in the business, premises or activities of the endowment care cemetery;
(c) Upon a showing of serious and repeated violations of ORS 97.810 to 97.920 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.810 to 97.920;
(d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.810 to 97.920; or
(e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery.
(3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances.
(b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 §3]
Note:
97.852 was added to and made a part of 97.810 to 97.920 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.