reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 096 - Line and Partition Fences › Section 96.050 - Gate in partition fence.

In all cases where a partition fence exists between the land of two or more persons and a gate is established for passage through their lands, any other person may pass through the gate free, doing no unnecessary damage, and if any such person leaves any such gate open or does other damage to the premises, the person is liable to the aggrieved party in double damages.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 096 - Line and Partition Fences › Section 96.060 - Removal of fence built on another’s land.

(1) When any person has built or builds, by mistake and in good faith, a fence on the land of another, such person or the successor in interest of the person may, within one year from the time of discovering the mistake, go upon the land of the other person and remove the fence, doing no unnecessary damage thereby.
(2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.
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 97.020 - Exemption of certain organizations and cemeteries from certain sections of chapter.

(1) The provisions of ORS 97.030, 97.120, 97.310 to 97.350, 97.360 (1), 97.510 and 97.550 relating to private cemeteries do not apply to:
(a) Any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination or any cemetery that such entity organizes, controls or operates.
(b) Any county or city cemetery.
(c) A historic cemetery, as defined in ORS 97.772, operated and maintained by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.
(2) The provisions of ORS 97.810 to 97.865 relating to private cemeteries do not apply to:
(a) Any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination or any cemetery that such entity organizes, controls or operates, unless the cemetery authority for an entity described in this paragraph elects to subject itself to ORS 97.810 to 97.865.
(b) Any county or city cemetery, unless the county or city elects to subject itself to ORS 97.810 to 97.865.
(c) A historic cemetery, as defined in ORS 97.772, operated and maintained by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. [Amended by 1955 c.473 §1; 1997 c.167 §1; 2011 c.162 §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 97.030 - Vested rights not acquired.

No cemetery authority or person having a right of sepulture or any other right under ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 acquires any vested right by virtue thereof which the Legislative Assembly may not subsequently amend, alter or repeal.
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 97.040 - Private family burial grounds.

Except for ORS 97.730, 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 do not apply to private family burial grounds where lots are not offered for sale.
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 97.050

[1977 c.183 §1; 1983 c.526 §4; 1985 c.747 §49; 1987 c.660 §16; 1989 c.1034 §8; renumbered 127.605 in 1989]
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 97.055

[1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5; renumbered 127.610 in 1989]
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 97.082 - Consent for certain autopsies; form.

(1) Except as provided in subsection (2) of this section, whenever a person dies and no autopsy is ordered by a medical examiner or district attorney pursuant to ORS 146.117, an autopsy may not be conducted without the prior written consent of a person within the first applicable class of the following listed classes:
(a) The spouse of the decedent;
(b) A son or daughter of the decedent 18 years of age or older;
(c) Either parent of the decedent;
(d) A brother or sister of the decedent 18 years of age or older;
(e) A guardian of the decedent at the time of death;
(f) A person in the next degree of kindred to the decedent;
(g) The personal representative of the estate of the decedent; or
(h) The person nominated as the personal representative of the decedent in the decedent’s last will.
(2)(a) Consent required under subsection (1) of this section must be granted on a written autopsy consent form developed pursuant to subsection (3) of this section.
(b) If the person authorized by subsection (1) of this section to grant written consent to conduct an autopsy is not available to grant written consent in person, the authorized person may grant consent by completing the required consent form and returning the signed form, by facsimile or other electronic transmission, to the party requesting permission.
(3) The Public Health Officer, in consultation with the Chief Medical Examiner, shall develop and make available a standardized written autopsy consent form that:
(a) Grants the person specified in subsection (1) of this section the authority to:
(A) Grant permission to conduct an unlimited autopsy;
(B) Grant permission to conduct a limited autopsy and to specify what limitations are imposed upon the autopsy; or
(C) Refuse permission to conduct an autopsy.
(b) Provides a section for the person specified in subsection (1) of this section to submit specific instructions with respect to tests to be performed during the autopsy and to the disposition of organs and tissue removed for purposes of a limited autopsy.
(c) Provides that the consent signature be accompanied by the signature of a witness. [2003 c.416 §1; 2017 c.151 §1]
Note:
97.082 was enacted into law by the Legislative Assembly but was 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 97.110 - Human remains not to be attached.

No person shall attach, detain or claim to detain any human remains for any debt or demand or upon any pretended lien or charge.
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 97.120 - Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990.

A cemetery authority shall deposit or dispose of human remains as provided 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.
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 97.145 - Liability for failure to conform to written instrument directing control of remains.

No cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner interring, cremating or reducing remains pursuant to a written instrument signed by the decedent or a person described in ORS 97.130 (2) shall be liable for any failure to conform to the priority of control of remains provided in ORS 97.130, except when it shall have received two or more conflicting written instruments prior to interment, cremation or reduction of said remains. [1957 c.423 §3 (97.141 and 97.145 enacted in lieu of 97.140); 1997 c.472 §2; 2021 c.296 §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 97.153 - Diagnostic or therapeutic radioisotopes in body.

Notwithstanding section 14, chapter 653, Oregon Laws 1991, or ORS 469.525, diagnostic or therapeutic radioisotopes remaining inside the uncremated or unreduced body of a deceased person may be buried, entombed or otherwise disposed of in a cemetery or other lawful place for the burial, entombment or other disposal of the uncremated or unreduced body of the deceased person even though the body contains low-level radioactive waste as defined under 42 U.S.C. 2021(b) as of January 1, 1995, by-product material as defined under 42 U.S.C. 2014 as of January 1, 1995, or special nuclear material exempted by the United States Nuclear Regulatory Commission as of January 1, 1995, under authority of 42 U.S.C. 2077(d). [1995 c.252 §1; 2021 c.296 §6]
Note:
97.153 was enacted into law by the Legislative Assembly but was 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 97.160 - Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures.

(1) No hospital or sanitarium, or the employees, agents or representatives thereof, shall send or cause to be sent to any funeral service practitioner, undertaker, mortician or embalmer the remains of any decedent without having complied with this section before final disposition of the remains.
(2) If the admitting record contains the name of a relative, friend or other person identified by the decedent in the admitting record, or if the hospital or sanitarium is aware of the name of any other person chargeable with the funeral expenses of the decedent, the hospital or the sanitarium must notify the relative, friend or other person personally or by certified mail, return receipt requested.
(3) If a hospital or sanitarium is unable to give actual notice to a relative, friend or other person under the provisions of subsection (2) of this section, the hospital or sanitarium must publish a notice of death at least one time in a newspaper of general circulation in the county where the death occurred, or, if there is no such newspaper, in a newspaper most likely to give notice of the death to relatives and friends of the decedent. The notice must contain the name of the decedent and the address and phone number for the hospital or sanitarium.
(4) If the remains of the decedent are not claimed within 10 days after the giving of notice under subsection (2) of this section, or within 10 days after publication under subsection (3) of this section if publication is made under subsection (3) of this section, the hospital or sanitarium may arrange for the disposal of the remains of the decedent without further notice in the manner specified by ORS 97.170 to 97.200.
(5) Nothing in this section limits or governs the authority of any administrator or executor, trustee or other person having a fiduciary relationship with the deceased or to the state, counties, cities or towns in the disposition of the remains of a deceased person. [Amended by 1993 c.92 §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 97.180 - Period within which body may not be used or dismembered.

An institution that receives a body pursuant to ORS 97.170 and that intends to use the body for ongoing research may properly preserve the body upon receipt for anatomical purposes, but may not use or dismember the body for at least 30 days after receipt. If a relative or friend of the deceased person claims the body within the 30 days specified in this section, the institution with custody of the body shall release the body to a funeral establishment licensed under ORS 692.146 on behalf of the relative or friend. [Amended by 2015 c.651 §2]
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 97.190 - Post-mortem examination of body.

Unless required by a medical examiner to determine the cause of death or specifically authorized and ordered by the superintendent of the hospital or institution in which any person coming under the provisions of ORS 97.170 may die, no such body as is mentioned in ORS 97.170 is subject to post-mortem examination, except by consent of the State Mortuary and Cemetery Board. [Amended by 1959 c.629 §43; 1965 c.221 §13; 1977 c.582 §1; 2015 c.651 §3]
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 97.200 - Disposition of remains after use.

(1) An institution that uses a body for ongoing research pursuant to ORS 97.170 shall bury respectfully or cremate or reduce the remains upon completion of use. If the institution cremates or reduces the remains, the institution shall deliver the cremated or reduced remains to a relative of the deceased person if a relative is known to the institution. If no relative is known to the institution, the institution shall hold the cremated or reduced remains for three years after cremation or reduction and may then dispose of the cremated or reduced remains in a respectful manner. The institution shall pay burial, cremation, reduction, storage and delivery expenses for a body the institution used pursuant to ORS 97.170.
(2) Notwithstanding subsection (1) of this section, an institution that uses a body pursuant to ORS 97.170 only for instruction on preservation of a body shall, upon completion of use, return the body to the funeral establishment from where the institution received the body. [Amended by 2015 c.651 §4; 2021 c.296 §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 97.205 - Prohibition against accepting consideration for public display of human remains; exceptions.

(1) Except as provided in subsection (2) of this section, a person may not knowingly accept payment or other consideration, directly or indirectly, for displaying human remains to the public.
(2) Subsection (1) of this section does not apply if:
(a) The display has the written consent of the decedent or a person with the right to control the disposition of the decedent’s remains under ORS 97.130; and
(b) The payment or other consideration is accepted by:
(A) A funeral establishment, crematory or alternative disposition facility licensed under ORS 692.320 (1)(a);
(B) An organization accredited by the American Alliance of Museums;
(C) An institution accredited by the Northwest Commission on Colleges and Universities; or
(D) The Oregon Museum of Science and Industry.
(3) This section shall preempt any conflicting provision of ORS 97.110 to 97.223. [2023 c.309 §2]
Note:
97.205 and 97.207 were added to and made a part of 97.110 to 97.223 by legislative action but were 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 97.207 - Civil action by decedent’s estate authorized for unlawful public display of remains.

(1) The estate of a decedent whose remains are displayed in violation of ORS 97.205 may bring a civil action for injunctive relief, damages or other appropriate relief against any person whose conduct in connection with the display is unlawful under ORS 97.205.
(2) Upon prevailing in an action brought under this section, the plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress; and
(b) Punitive damages.
(3)(a) The court shall award reasonable attorney fees to the prevailing plaintiff in an action brought under this section.
(b) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court. [2023 c.309 §3]
Note:
See note under 97.205.
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 97.210 - Exceptions to application of ORS 97.170 to 97.200; rules.

The body of any person who died of smallpox, diphtheria, scarlet fever or other disease that the Oregon Health Authority, by rule, may prescribe, shall not be subject to the provisions of ORS 97.170 to 97.200. [Amended by 1977 c.582 §2; 2009 c.595 §62]
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 97.220 - Disinterment.

(1) Except as provided in ORS 97.223, the remains of a deceased person interred in a plot in a cemetery may be removed from the plot with the consent of the cemetery authority and written consent of:
(a) The person under ORS 97.130 (2)(a), (b) or (c) who has the authority to direct disposition of the remains of the deceased person; or
(b) If the remains are cremated or reduced remains, the person who had possession of the cremated or reduced remains and authorized the interment of the cremated or reduced remains.
(2) If the consent of a person described in subsection (1) of this section or of the cemetery authority cannot be obtained, permission by the county court of the county where the cemetery is situated is sufficient. Notice of application to the court for such permission must be given at least 60 days prior thereto, personally or by mail, to the cemetery authority, to the person not consenting and to every other person or authority on whom service of notice is required by the county court.
(3) If the payment for the purchase of an interment space is past due for a period of 90 days or more, this section does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by the cemetery authority from a plot to some other suitable place.
(4) This section does not apply to the disinterment of remains upon order of court or if ordered under the provisions of ORS 146.045 (3)(e). [Amended by 1977 c.582 §3; 2007 c.661 §2; 2011 c.164 §3; 2019 c.241 §3; 2021 c.296 §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 97.223 - Interment or temporary storage of human remains in case of natural disaster or other emergency.

(1) In the event of a natural disaster or similar emergency that causes interred human remains to be completely or partially dislodged from their original designated plot, the cemetery authority of the cemetery where the plot is located may, as the cemetery authority deems fit:
(a) Inter the human remains in the original designated plot;
(b) Temporarily store the human remains in a safe storage location until the cemetery authority can inter the human remains; or
(c) Inter the human remains in another plot in the cemetery.
(2) The cemetery authority shall, before performing an act specified in subsection (1)(b) or (c) of this section, make a reasonable attempt to identify the human remains and notify the person described in ORS 97.130 (2) who has authority to direct disposition of the remains of the deceased person.
(3) A cemetery authority that performs an act specified in subsection (1) of this section may not be held liable for performing that act.
(4) A person described in ORS 97.130 (2) who has the authority to direct disposition of the remains of the deceased person may not be held liable, or be considered to have violated a provision of ORS 97.110 to 97.450, if the person:
(a) Makes a request of the cemetery authority to undertake an action specified in subsection (1) of this section; or
(b) Personally undertakes an action specified in subsection (1) of this section. [2019 c.241 §2]
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 97.231 - Definitions.

As used in ORS 97.231 to 97.243:
(1) "County veterans’ service officer" means a county veterans’ service officer appointed under ORS 408.410.
(2) "Eligible decedent" means the unclaimed cremated remains of a veteran or spouse, dependent or survivor of a veteran that are entitled to interment under federal law at a national cemetery administered by the United States Department of Veterans Affairs.
(3) "Funeral establishment" means a funeral establishment licensed under ORS 692.146.
(4) "Veteran" has the meaning given that term in ORS 408.225.
(5) "Veteran status information" means the data required by the United States Department of Veterans Affairs to verify that cremated remains are those of a veteran or spouse, dependent or survivor of a veteran for purposes of eligibility for interment in a national cemetery, including the person’s name, service number, Social Security number, date of birth, date of death, place of birth, branch of the service and military rank.
(6) "Veterans’ remains coordinator" means a person recognized by a county as a paid employee or unpaid volunteer authorized to verify and assist in the interment of unclaimed cremated remains of a veteran or spouse, dependent or survivor of a veteran. [2023 c.402 §2]
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 97.234 - County designation of veterans’ remains coordinator; identification and interment of unclaimed cremated remains of veterans.

(1) The governing body of each county shall designate one or more veterans’ remains coordinators who shall exercise due diligence to:
(a) Identify unclaimed cremated remains located in the county in consultation with the county veterans’ service officer, the United States Department of Veterans Affairs, a national cemetery administered by the United States Department of Veterans Affairs, the United States Social Security Administration or another entity;
(b) Establish that the unclaimed cremated remains meet the definition of "eligible decedent"; and
(c) For an eligible decedent who died in the county, cause interment at a national cemetery administered by the United States Department of Veterans Affairs.
(2) An interment under subsection (1) of this section may not occur at a cemetery used only for the interment of indigent persons. [2023 c.402 §3]
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 97.237 - Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent; officer to maintain record of reported information.

(1) Before causing the interment of an eligible decedent under ORS 97.234, the veterans’ remains coordinator shall report to the county veterans’ service officer:
(a) The facts relied upon to establish eligibility for interment under ORS 97.234;
(b) The plan for the interment of the eligible decedent; and
(c) The date of death and place of interment of the eligible decedent.
(2) The county veterans’ service officer shall establish and maintain a record of information received under subsection (1) of this section. [2023 c.402 §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 97.240 - Funeral establishment assistance to veterans’ remains coordinator regarding veterans’ remains; civil claims against funeral establishment or veterans’ remains coordinator barred.

(1) A funeral establishment in possession of an eligible decedent shall, upon request of a veterans’ remains coordinator, release the veteran status information associated with the eligible decedent to the veterans’ remains coordinator.
(2) A veterans’ remains coordinator may use the veteran status information received under subsection (1) of this section only for disclosure to the United States Department of Veterans Affairs to verify the interment benefits of an eligible decedent.
(3) A funeral establishment in possession of unclaimed cremated remains shall, upon request of a veterans’ remains coordinator, provide reasonable assistance to the veterans’ remains coordinator to identify and establish that the unclaimed cremated remains meet the definition of "eligible decedent" under ORS 97.234.
(4) A funeral establishment in possession of an eligible decedent shall, upon request by a veterans’ remains coordinator, release the eligible decedent to a person authorized, under rules promulgated by the United States Department of Veterans Affairs, to receive the eligible decedent for interment under ORS 97.234, provided that the following conditions are satisfied:
(a) The veterans’ remains coordinator has verified the interment benefits of the eligible decedent with the department or county veterans’ service officer and provided documentation of that verification to the funeral establishment in possession of the eligible decedent.
(b) The veterans’ remains coordinator has exercised due diligence to provide notice of the plan to inter the eligible decedent to any agents or family members of the eligible decedent with the legal right to control the disposition of the eligible decedent.
(c) An agent or family member of the eligible decedent with a legal right to control the disposition of the eligible decedent has not exercised that right.
(d) The funeral establishment in possession of the eligible decedent has possessed the eligible decedent for at least six months.
(5) Notwithstanding ORS 30.265, a person may not bring a civil claim against a funeral establishment in possession of an eligible decedent for any action taken by the funeral establishment in accordance with this section, except in the case of gross negligence, or for any subsequent action taken by a veterans’ remains coordinator.
(6) Notwithstanding ORS 30.265, a person may not bring a civil claim against a veterans’ remains coordinator for acts or omissions arising from the interment of an eligible decedent under ORS 97.234, except in the case of gross negligence. [2023 c.402 §5]
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 97.243 - Veterans’ remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents.

(1) A veterans’ remains coordinator who identifies or locates an eligible decedent shall report to the United States Department of Veterans Affairs:
(a) Veteran status information known about the veteran associated with the eligible decedent; and
(b) Contact information for the place and person in possession of the eligible decedent.
(2) The veterans’ remains coordinator shall establish and maintain a list of eligible decedents that are reported under subsection (1) of this section and make the list available in person or by telephone upon request by a county veterans’ service officer. [2023 c.402 §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 97.310 - Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.

(1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall:
(a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions and make a good and substantial map or plat showing them, with descriptive names or numbers. In all instances this shall be done in compliance with ORS 92.010 to 92.192 except that ORS 92.090 (2)(a) and (b) shall not be applicable to streets, alleys, ways and footpaths located wholly within a cemetery.
(b) In case of a mausoleum or columbarium, make a good substantial map or plat on which are delineated the sections, halls, rooms, corridors, elevation and other divisions, with descriptive names or numbers. In all instances this shall be done in compliance with the state building code.
(2) Every lot in a cemetery subdivision shall include an access easement across the lot for the benefit of adjacent lots. Designated areas between lots for the purpose of providing access to separate lots are not required to approve a subdivision under this section. A cemetery authority must disclose to a potential purchaser of a lot in the cemetery the existence of the access easement across the lot. [Amended by 1965 c.396 §2; 1979 c.57 §1; 1985 c.582 §3; 1999 c.381 §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 97.320 - Filing map or plat and declaration of dedication of land to cemetery purposes.

In case of a cemetery lot, the cemetery authority shall file the map or plat in the office of the recording officer of the county in which all or a portion of the property is situated, and it forthwith shall file for record in that officer’s office a written declaration dedicating the property delineated on the plat or map exclusively to cemetery purposes.
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 97.330 - When dedication is complete.

Upon the filing of the map or plat and of the declaration for record, the dedication is complete for all purposes, and thereafter the property shall be held, occupied and used exclusively for cemetery purposes.
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 97.340 - Effect of dedication.

After property is dedicated to cemetery purposes pursuant to ORS 97.310 to 97.330 and 97.360 (1), neither the dedication nor the title of a plot owner shall be affected by the dissolution of the cemetery authority by nonuser on its part, by alienation of the property, by any encumbrances, by sale under execution or otherwise, except as provided in ORS 97.310 to 97.350, 97.360 (2), 97.440, 97.510 to 97.650, 97.710, 97.720 and 97.810 to 97.865.
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 97.350 - Dedication to cemetery purposes not invalid.

Dedication to cemetery purposes pursuant to ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, and is deemed to be in respect for the dead, and is a provision for the interment of human remains and is a duty to, and for the benefit of, the general public.
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 97.360 - Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.

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

When any application mentioned in ORS 97.360 (2) is filed, the court or board shall fix the time for the hearing of it and notice of the time thereof shall be given by publication in a paper of general circulation published in the town in which the cemetery is situated or in the town to which it is nearest once a week for a period of six successive weeks prior to the date of the hearing and a copy of such notice shall be posted for a like period at three public and conspicuous places in the cemetery. Such notice shall be addressed to all persons owning lots or having an interest in the cemetery, but need not name them, and shall set forth in a general way the proposed changes, the reason stated in the application for making it, the time when the hearing of the application will be had, and shall state that a plat showing the proposed changes is on file with the county clerk of the county in which the cemetery is situated.
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 97.380 - Hearing; order allowing replatting.

At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400. [Amended by 1985 c.582 §4; 1999 c.381 §2]
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 97.390 - Assessment of benefits and damages.

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

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

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

Any owner of such cemetery as is mentioned in ORS 97.360 (2), or of any lot therein, or any relative or heir of any deceased person buried in such cemetery who fails to appear and file written objection to any proposed replat, alteration or vacation, authorized by ORS 97.360 (2), shall be deemed to have consented to the proposed change and shall be forever barred from claiming any right to use and have open for traffic or passageway any streets, alleys, driveways or parks vacated, or any right, title or interest therein, except as provided in ORS 97.360 (2) and 97.370 to 97.410.
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 97.430 - Declaration of exercise of police power and right of eminent domain.

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

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

Consistent with the provisions of ORS 368.326 to 368.366, a county may vacate any real property interests the county may own in a cemetery. Consistent with ORS 368.366 (2), the county may vacate its real property interests in favor of a private nonprofit organization provided the organization states its intent to provide for the continuing maintenance and care of the cemetery and associated facilities. [1997 c.747 §2]
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 97.450 - Discontinuance of cemetery and removal of remains and markers.

(1)(a) Whenever any cemetery that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such cemetery, the governing body of any county, if the cemetery is owned by the county, or the corporate authorities of the city or town, if the cemetery is owned by the city or town, or the trustees or directors, if the cemetery is owned by an association or corporation, may order that such burial ground be discontinued, have the remains of all persons interred in the cemetery moved to some other suitable place and provide for the removal and reerection of all stones and monuments marking said graves. Each removal must be made in an appropriate manner and in accordance with the directions of the Director of the Oregon Health Authority. Prior to any removal authorized under this section, written notice must be given to the family, or next of kin of the deceased, if known, and if unknown, notice of the removal shall be published for at least four successive weeks in a newspaper of general circulation in the county in which the cemetery is located and twice in a newspaper with statewide circulation.
(b) Any removal and the costs of the proceedings under this section shall be at the expense of the county, city or town, individual, corporation or association owning the cemetery to be moved.
(2) Notwithstanding subsection (1)(a) of this section, a cemetery or burial ground containing human remains that were interred before February 14, 1909, may not be discontinued or declared abandoned or have remains removed from the burial ground or cemetery without prior notice to and comment by the Oregon Commission on Historic Cemeteries. When commenting on a request to discontinue or declare abandoned a cemetery or burial ground, the commission shall consider:
(a) The listing of the cemetery or burial ground under ORS 97.782;
(b) The historic significance of the cemetery or graves included in the request; and
(c) The findings of any archaeological survey of the cemetery or burial ground. [Amended by 1955 c.472 §1; 2003 c.237 §2; 2009 c.595 §63]