ORS Chapter 97

Chapter 97 — Rightsand Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

2009 EDITION

CEMETERIES,HUMAN BODIES AND ANATOMICAL GIFTS

PROPERTYRIGHTS AND TRANSACTIONS

GENERALPROVISIONS

97.010 Definitions

97.020 Exemptionof certain organizations and cemeteries from certain sections of chapter

97.030 Vestedrights not acquired

97.040 Privatefamily burial grounds

AUTOPSIES

97.082 Consentfor certain autopsies; form

DISPOSITIONOF HUMAN BODIES

97.110 Humanremains not to be attached

97.120 Humanremains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990

97.130 Rightto control disposition of remains; delegation

97.145 Liabilityfor failure to conform to written instrument directing control of remains

97.150 Dispositionof cremated remains; procedures; notice; actions against cemetery or funeralservice providers

97.153 Diagnosticor therapeutic radioisotopes in body

97.160 Dutyof hospital or sanitarium to notify before sending remains to undertaker;procedures

97.170 Dispositionof unclaimed body of deceased person; rules

97.180 Periodwithin which body may not be used

97.190 Post-mortemexamination of body

97.200 Dispositionof remains after educational use thereof

97.210 Exceptionsto application of ORS 97.170 to 97.200; rules

97.220 Disinterment

DEDICATIONTO CEMETERY PURPOSES; PLATTINGS

97.310 Surveyand subdivision of land; map or plat of mausoleum or columbarium; accesseasement

97.320 Filingmap or plat and declaration of dedication of land to cemetery purposes

97.330 Whendedication is complete

97.340 Effectof dedication

97.350 Dedicationto cemetery purposes not invalid

97.360 Resurveyand alteration in shape or size; vacation of streets, walks, driveways andparks and replatting into lots

97.370 Fixingdate of hearing; notice

97.380 Hearing;order allowing replatting

97.390 Assessmentof benefits and damages

97.400 Disposalof newly created lots; disposition and use of proceeds from sale; failure ofowner to perform duties

97.410 Rightof adjacent lot owner upon vacation of way

97.420 Effectof failure to object

97.430 Declarationof exercise of police power and right of eminent domain

97.440 Removalof dedication

97.445 Vacatingcounty interest in cemetery real property

97.450 Discontinuanceof cemetery and removal of remains and markers

97.460 Requirementsfor establishment of cemetery or burial park

SALESAND RIGHTS IN RESPECT OF CEMETERY PLOTS

97.510 Saleand conveyance of plots by cemetery authority

97.520 Saleor offer to sell cemetery plot upon promise of resale at financial profit

97.530 Commission,bonus or rebate for sale of plot or services

97.540 Commission,bonus or rebate for recommendation of cemetery

97.550 Plotsare indivisible

97.560 Presumptionof sole ownership in grantee of plot

97.570 Spousehas vested right of interment

97.580 Divestitureof spouse’s right of interment

97.590 Transferof plot or right of interment

97.600 Descentof plot

97.610 Determiningoccupant of burial plot having co-owners

97.620 Deathof co-owner; authorization to use plot under directions of surviving owners

97.630 Familyplots; order of occupation

97.640 Waiveror termination of vested right of interment

97.650 Limitationsupon vested right of interment

CEMETERYMANAGEMENT

97.710 Powerof cemetery to make rules and regulations

97.720 Recordof interments and cremations; inspection

97.730 Giftsand bequests in trust for cemeteries

INDIANGRAVES AND PROTECTED OBJECTS

97.740 Definitionsfor ORS 97.740 to 97.760

97.745 Prohibitedacts; application; notice

97.750 Permittedacts; notice

97.760 Civilaction by Indian tribe or member; time for commencing action; venue; damages;attorney fees

OREGONCOMMISSION ON HISTORIC CEMETERIES

97.772 Definitionof “historic cemetery”

97.774 OregonCommission on Historic Cemeteries; terms

97.776 Commissionmembers; nominations

97.778 Chairperson;quorum; meetings

97.780 Duties

97.782 Listingof historic cemeteries; form

97.784 Executivesecretary; support services

CEMETERYCARE

97.810 Endowmentcare and nonendowed care cemeteries

97.820 Placingcemetery under endowed care; deposit; commingling endowment and special carefunds; trustee or custodian of fund

97.825 Suitsto enforce endowed care statutes; attorney fees

97.830 Investmentand reinvestment of principal of endowed care funds; use and application ofincome

97.835 Limitationof duties and liability of trustee

97.840 Cemeteryauthority authorized to receive and hold gifts of property; disposition ofgifts

97.850 Endowmentand special care funds are charitable

97.860 Agreementsfor care

97.865 Applicationof ORS 97.810 to 97.865 to religious, county and city cemeteries

97.870 Unusedand uncared for portions of cemetery declared common nuisances

97.880 Resolutiondeclaring a nuisance

97.890 Complaint

97.900 Summons

97.910 Disuseas prima facie evidence of abandonment

97.920 Judgmentdeclaring nuisance, authorizing abatement and creating and foreclosing lien

PREARRANGEMENTSALES AND PRECONSTRUCTION SALES

97.923 Definitionsfor ORS 97.923 to 97.949

97.925 Purpose

97.926 Rulemakingauthority

97.927 Applicabilityof ORS 97.923 to 97.949

97.929 Exceptionsto ORS 97.923 to 97.949

97.931 Registrationof salesperson for endowment care cemeteries, preconstruction sales andprearrangement sales; rules; background check; civil penalties

97.933 Certificationof provider of prearrangement or preconstruction sales; annual reports; audits;fees

97.935 Registrationof master trustees; annual reports; annual audits; fees

97.936 Emergencyorders of suspension or restriction