PocketLaw | Oregon Revised Statutes | Rights and Duties Relating to

Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift

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Definitions.

Exemption of certain organizations and cemeteries from certain sections of chapter.

Vested rights not acquired.

Private family burial grounds.

Section 97.050

Section 97.055

Section 97.060

Section 97.065

Section 97.070

[1977 c.183 §6; repealed by 1983 c.526 §7]

Section 97.080

Consent for certain autopsies; form.

Section 97.083

Section 97.084

Section 97.085

Section 97.090

Human remains not to be attached.

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.

Right to control disposition of remains; delegation.

[1961 c.674 §1; repealed by 1969 c.175 §12]

[1961 c.674 §§2,3; repealed by 1969 c.175 §12]

[Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)]

[1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13]

Liability for failure to conform to written instrument directing control of remains.

Disposition of cremated remains; procedures; notice; limitations on liability.

Diagnostic or therapeutic radioisotopes in body.

Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures.

Disposition of unclaimed body of deceased person; rules.

Period within which body may not be used or dismembered.

Post-mortem examination of body.

Disposition of remains after use.

Exceptions to application of ORS 97.170 to 97.200; rules.

Disinterment.

Interment or temporary storage of human remains in case of natural disaster or other emergency.

[Repealed by 1973 c.286 §1]

[1969 c.175 §1; repealed by 1995 c.717 §9]

[1969 c.175 §3; repealed by 1995 c.717 §9]

[1969 c.175 §2; repealed by 1995 c.717 §9]

[1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218 §1; repealed by 1995 c.717 §9]

[1985 c.379 §1; repealed by 1995 c.717 §9]

[1969 c.175 §5; repealed by 1995 c.717 §9]

[1969 c.175 §6; 1969 c.591 §278a; 1975 c.215 §1; repealed by 1995 c.717 §9]

[1969 c.175 §7; repealed by 1995 c.717 §9]

[1969 c.175 §8; repealed by 1995 c.717 §9]

[1969 c.175 §9; repealed by 1995 c.717 §9]

Section 97.295

Section 97.300

Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.

Filing map or plat and declaration of dedication of land to cemetery purposes.

When dedication is complete.

Effect of dedication.

Dedication to cemetery purposes not invalid.

Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.

Fixing date of hearing; notice.

Hearing; order allowing replatting.

Assessment of benefits and damages.

Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties.

Right of adjacent lot owner upon vacation of way.

Effect of failure to object.

Declaration of exercise of police power and right of eminent domain.

Removal of dedication.

Vacating county interest in cemetery real property.

Discontinuance of cemetery and removal of remains and markers.

Requirements for establishment of cemetery or burial park.

Sale and conveyance of plots by cemetery authority.

Sale or offer to sell cemetery plot upon promise of resale at financial profit.

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

Commission, bonus or rebate for recommendation of cemetery.

Plots are indivisible.

Presumption of sole ownership in grantee of plot.

Spouse has vested right of interment.

Divestiture of spouse’s right of interment.

Transfer of plot or right of interment.

Descent of plot.

Determining occupant of burial plot having co-owners.

Death of co-owner; authorization to use plot under directions of surviving owners.

Family plots; order of occupation.

Waiver or termination of vested right of interment.

Limitations upon vested right of interment.

Lands of cemetery, crematory or reduction corporation; exemption from execution, taxation and condemnation.

Revenues; restrictions on uses of revenue.

Selling land unsuited for burials.

Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone.

Recording plan; power to improve and regulate grounds.

Power of cemetery authority to make rules and regulations.

Record of interments, cremations and reductions; inspection.

Disposal of unclaimed burial spaces; notice; form of notice; claims.

Gifts and bequests in trust for cemeteries.

Definitions for ORS 97.740 to 97.760.

Prohibited acts; application; notice.

Permitted acts; notice.

Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees.

[1995 c.457 §7; repealed by 1999 c.731 §14]

[1995 c.457 §1; 1997 c.632 §1; repealed by 1999 c.731 §14]

Definition of "historic cemetery."

[1995 c.457 §3; repealed by 1999 c.731 §14]

Oregon Commission on Historic Cemeteries; terms.

[1995 c.457 §4; repealed by 1999 c.731 §14]

Commission members; nominations.

[1995 c.457 §5; repealed by 1999 c.731 §14]

Chairperson; quorum; meetings.

[1995 c.457 §6; repealed by 1999 c.731 §14]

Duties.

Listing of historic cemeteries; form.

Executive secretary; support services.

Endowment care and nonendowed care cemeteries.

Standards of care for and public access to endowment care cemeteries; rules.

Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.

Prohibitions related to endowment care cemeteries.

Suits to enforce endowed care statutes; attorney fees.

Investment and reinvestment of principal of endowed care funds; use and application of income.

Limitation of duties and liability of trustee.

Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.

Endowment and special care funds are charitable.

Agreements for care.

Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery.

Section 97.850

Receivership of endowment care cemetery.

Section 97.860

Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.

Unused and uncared for portions of cemetery declared common nuisances.

Resolution declaring a nuisance.

Complaint.

Summons.

Disuse as prima facie evidence of abandonment.

Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.

Definitions for ORS 97.923 to 97.949.

Purpose.

Rulemaking authority.

Applicability of ORS 97.923 to 97.949.

Prohibitions.

Exceptions to ORS 97.923 to 97.949.

Section 97.930

Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties.

Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees.

Registration of master trustees; annual reports; rules; annual audits; fees.

Emergency orders of suspension or restriction.

Deposit of trust funds made by endowment care cemeteries.

Prearrangement or preconstruction sales contracts; contents; delivery.

Prearrangement or preconstruction trust fund deposits.

Appointment of receiver; criteria.

Distributions from prearrangement trust fund deposits.

Distributions from preconstruction trust fund deposits.

Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance.

Advertising and marketing prohibitions.

Examination of providers and master trustees by director; subpoena power; depositions.

Grounds for discipline by director for violation of ORS 97.923 to 97.949; suspension and revocation of certificate or registration; civil penalties; notification of board.

Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.

[1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1; 2005 c.505 §1; repealed by 2007 c.681 §31]

Short title.

[1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2; repealed by 2007 c.681 §31]

Definitions for ORS 97.951 to 97.982.

[1995 c.717 §3; 1997 c.472 §6; 1999 c.201 §2; 2005 c.505 §3; repealed by 2007 c.681 §31]

Purpose of anatomical gift; persons authorized to make gift.

[1995 c.717 §4; 1997 c.472 §7; 1999 c.201 §3; repealed by 2007 c.681 §31]

Methods of making anatomical gift before death of donor.

[1995 c.717 §5; 1997 c.472 §8; 1999 c.201 §4; 2005 c.505 §4; repealed by 2007 c.681 §31]

Revocation or amendment of anatomical gift by donor or agent or guardian of donor.

[1995 c.717 §6; 1997 c.472 §9; repealed by 2007 c.681 §31]

Refusal to make anatomical gift; effect of refusal.

[1995 c.717 §7; repealed by 2007 c.681 §31]

Effect of making, amending or revoking anatomical gift.

[1995 c.717 §8; 2005 c.505 §5; repealed by 2007 c.681 §31]

Persons authorized to make anatomical gift of body or body part of decedent.

Section 97.966

Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.

Section 97.968

Authorized recipients of anatomical gifts; purposes for which gift may be used.

Search for document of anatomical gift or refusal; duty to send document or refusal to hospital.

Delivery of document of gift or refusal not required; right to examine.

Rights and duties of procurement organizations and others; authorized examinations.

Coordination of procurement and use of anatomical gifts.

Immunity of persons acting in accordance with ORS 97.951 to 97.982.

Section 97.975

Law governing validity of document of gift; presumption of validity.

Donor registry; duty of Department of Transportation to cooperate with donor registry.

Resolution of conflict between potential anatomical gift and advance directive.

Cooperation between medical examiner and procurement organization.

Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.

Purchase or sale of body parts prohibited.

Alteration of document of anatomical gift prohibited.

Relation to Electronic Signatures in Global and National Commerce Act.

Liability of executor who carries out anatomical gift.

Transplants not covered by implied warranty.

Department of Transportation use of federal moneys for cemetery care.

Penalties.

Penalties for ORS 97.937.

Penalties for ORS 97.931, 97.933, 97.941 and 97.943.