PocketLaw | Louisiana Laws | Cemeteries

Cemeteries

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Definitions

Cemetery board created; appointments; terms

Qualifications of members

Compensation; expenses

Officers; administrative director; employees

Meetings

Administration and enforcement of law

Investigations

Cease and desist orders

Rules and regulations

Hearings

Actions to enforce law; attorney general; special counsel

Service of pleadings upon board

Receiverships; procedure; powers, duties, and qualifications; disposition of cemetery

Application for certificate of authority

Proof of applicant's compliance with law, rules and regulations; financial responsibility and reputation

Certificates; regulatory charges; suspension; restoration; late charge; requirement of certificate

Regulatory charges; rate

Sale or interment; certificate of authority; penalty

Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders

Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge

Cemetery fund

Exemptions; exempt certificates of authority; renewal; fees

Municipal corporations; establishment and maintenance of cemeteries

Ordinance creating cemetery; location

Anticipation of revenues; bonds or certificates; taxes

Funds for support and improvement; special municipal election authorized

Maximum tax; use of proceeds

Rules and regulations; sexton and other employees

Gifts, donations and contributions

Expropriation

Lots, plots, or burial spaces; permits for interment; sale

Contract to assure proper care; maintenance; and control

Roads and drainage; parishes may provide

Expropriation of abandoned private cemeteries

Powers of parish governing authorities

Publicly owned cemeteries; mandatory trust accounts

St. Mary Parish Cemetery District; creation; location

Board, qualification of members; appointment; vacancies; removal of members; officers

Corporate status; purpose; powers and duties

District as political subdivision; election imposing taxes, maximum tax; authority

Rapides Parish Cemetery District; creation; location

Board of commissioners; membership; appointment; vacancies; removal of members; officers

Powers and duties of the board; grants; donations

Grant Parish Cemetery District; creation; boundaries; purpose

Board, qualification of members; appointment; vacancies; removal of members; officers

Corporate status; powers and duties

District as a political subdivision; election imposing taxes, maximum tax; authority

LaSalle Parish Cemetery District; creation; boundaries; purpose

Board, qualification of members; appointment; vacancies; removal of members; officers

Corporate status; powers and duties

District as a political subdivision; election imposing taxes, maximum tax; authority

Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose

Board, qualification of members; appointment; vacancies; removal of members; officers

Corporate status; powers and duties

St. Landry Parish Cemetery District; creation; boundaries; purpose

Board; qualification of members; appointment; vacancies; officers

Corporate status; powers and duties

District as a political subdivision; election imposing taxes, maximum tax; authority

Incorporation required

Corporations; how organized

Prior operations not affected

Specific powers; rule making and enforcement

Rules and regulations; posting

Contracts required; disclosure

Right to acquire property

Surveys and maps

Maps and plats; amendment

Permanency of dedication

Rule against perpetuities, etc., inapplicable

Removal of dedication; procedure

Notice of hearing

Sale of cemetery spaces; abandoned spaces, defined, sale

Franklin; interment space ownership

Execution of conveyances

Interment spaces indivisible

Commission on sales prohibited

Employment of solicitors prohibited

Exemption from seizure and sale; mortgage prohibited

Record of ownership and transfers

Inspection of records

Opening of roads, railroads through cemetery; consent required, exception

Certain cemetery lands exempt from taxes

License to engage in business

Application for license

Application fee; annual fee

Investigation by board

Issuance of license; board's discretion

Denial procedure

Sale or transfer of cemetery sales or cemetery management organization; application for new license; compliance required

Penalties

Definitions

Application for license; qualifications; fees

Licensee authority; restrictions

Additional powers of the board

Labor by prisoners permitted

Liability

Inadvertent discovery

Scope

Corporate operation

Certification of trust fund in articles of incorporation; amendments

Cemeteries in existence on August 1, 1962; acts prohibited

Trust funds required; master trust fund

Administration of trust funds; maintenance; exemption from seizure

Annual report by cemeteries

Annual report by trustee; final accounting by trustee required

Resignation of trustee; orderly transfer of trust fund

Application of Chapter

Prohibited acts; injunctions

Cemeteries exempt

Trust fund transfers

Penalties

Examination of endowment funds; expenses

Examination expense; effect of refusal to pay; disposition

Powers, duties, records, concerning examination of funds

Action required when authority fails to deposit minimum endowment or perpetual funds

Order requiring reinvestment in compliance with law; actions for preservation and protection

Annual report of cemetery authority; contents; fees

Examination of reports

Application

Payments to trust; amounts required

Determination of personal property delivery

Suppliers

Trust fund exempt from seizure

Withdrawals from trust

Payments to purchaser; change of domicile

Annual reports by trustee, final accounting by trustee required

Annual report by cemeteries or other entities; report filing fee

Resignation of trustee; orderly transfer of trust fund

Examination by board; expenses

Failure to make required deposits; action

Nonwaiver of provisions of chapter

Penalties

Trustee's duty of care

Exceptions; trust fund transfers

Nonretroactive effect

Application of chapter

Standards of construction

Ordinances and specifications to be complied with

Improper construction a nuisance; penalty

Construction in compliance with existing laws

Commencement and completion requirements; application form; application fee

Interring or cremating

Unlawful disposal of remains

Opening graves; stealing body; receiving same

Mutilating, disinterring human remains; penalty

Right of disposing of remains; military personnel; limitation of liability

Effect of authorization

Right to rely on such authorization

Liability for damages; limitation

Permission to move remains

Exceptions

Undisposed remains; rules and regulations

Record of remains to be kept

Collection, analysis, and reburial of exposed human skeletal remains

Short title

Legislative declaration of intent

Definitions

Exclusions

Repealed by Acts 2009, No. 438, §6B.

Powers and duties of the secretary

Revocation or suspension of permits

Unlawful acts

Civil remedies

Discovery of unmarked burial sites, human skeletal remains, and burial artifacts

Disposition of unmarked burial sites, human skeletal remains, and burial artifacts

Application

Standards of construction

Compliance with ordinances and specifications

Improper use a nuisance; penalty

Construction in compliance with existing laws

Commencement requirements; application form; application fee

Commencement and completion requirements

Recognized owner of title

Transfer of ownership rights

Descent of title to cemetery space

Affidavit as authorization

When right of interment or cemetery space is inalienable

Rights of co-owners

Co-owners; identification

Co-owners may designate representative

Waiver of right of interment

Termination of vested right by waiver

Limitations on vested rights

Conveyance of cemetery spaces; formality and recordation

Correction of errors

Repealed by Acts 2010, No. 175, §6.

Unlawful to use, lease or sell for drilling, mining, or prospecting; penalty

Underground burials; depth

Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces

Cemeteries; maintenance of vaults and wall vaults more than fifty years old; reclamation by authority

Speculative sales and purchases prohibited; penalties

Upkeep of cemeteries; local ordinance authorized; penalty; definition of "shareholder"

Additional ad valorem tax; Evangeline Parish