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11-47-72
Section 11-47-72 Filing, etc., of declaration as to removal of all remains from abandoned cemetery.
After the removal of all human remains interred in any part or the whole of the cemetery lands
abandoned as a burial place for the human dead as provided in this division, the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
lands may file for record in the office of the judge of probate of the county in which such
lands are situated a written declaration reciting that all human remains have been removed
from the part or portion of such lands described in such declaration. Such declaration shall
be acknowledged in the manner of the acknowledgment of deeds to real property by the president
and secretary or other corresponding officers of such cemetery corporation or association
or by the incumbent of any such corporation sole or by the persons owning or controlling such
cemetery lands, and thereafter any deed, mortgage, or other...
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11-47-60
Section 11-47-60 Declaration for abandonment of cemetery and removal of human remains interred
therein - Adoption, etc. (a) Any cemetery corporation or association, including religious
bodies, owning or controlling any cemetery within this state may, with the consent and approval
of the governing body of the city or town in which such cemetery is located or with the consent
and approval of the governing body of the county if such cemetery is located outside the limits
of an incorporated municipality, by resolution of its board of directors or other governing
body, when assented to in writing filed with the secretary by at least three fourths of the
lot owners and holders of such corporation or association or ratified and approved by like
vote thereof at any regular meeting of the cemetery corporation or association or at a meeting
specially called for that purpose, declare for the abandonment in whole or in part of such
cemetery as a burial place for the human dead and for the removal...
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11-47-62
Section 11-47-62 Declaration for abandonment of cemetery and removal of human remains interred
therein - Publication, posting and mailing of notice. (a) Notice of the said declaration of
abandonment and of the proposed removal of the human remains from any such cemetery or part
thereof shall be given to all persons interested therein by publication in a newspaper of
general circulation published in the city or town wherein said cemetery or part thereof is
situated or in a newspaper of general circulation published in the county wherein the same
is situated if located outside the limits of an incorporated municipality, which publication
shall be made once a week for two successive months. (b) Said notice shall be entitled "Notice
of declaration of abandonment of lands for cemetery purposes and of intention to remove the
human bodies interred therein," and shall specify a date, not less than two months after
the first publication of such notice, when the cemetery corporation,...
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11-47-63
Section 11-47-63 Removal and reinterment of remains by corporations, etc., generally; notices.
(a) After the completion of the publication, posting and mailing of the "Notice of declaration
of abandonment of lands for cemetery purposes and of intention to remove the human bodies
interred therein," as provided for in Section 11-47-62, and after the expiration of the
period of two months specified in said notice as provided in Section 11-47-61, any cemetery
corporation, association, corporation sole or other person owning or controlling any such
cemetery shall have power to cause the removal of all human remains interred in any such cemetery
or part thereof to be abandoned as a cemetery or burial place for the dead and to cause the
reinterment in other cemeteries in this state where burials are permitted or to deposit the
said remains in a mausoleum or columbarium erected for that purpose without further notice
to any person claiming any interest in said cemetery or part thereof or in...
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11-47-66
Section 11-47-66 Purchase and sale of lands, etc., for reinterment of remains from abandoned
cemeteries; reservation of lands in abandoned cemeteries for erection of memorial mausoleum,
etc. (a) Whenever any such cemetery corporation, association, corporation sole or other person
owning or controlling any such cemetery lands from which the bodies interred therein are to
be removed in accordance with the provisions of this division shall have purchased or otherwise
acquired lands or a mausoleum or columbarium or the possession or use thereof for the purpose
of providing a place for the reinterment or depositing of any human remains which may be removed
from any such abandoned cemetery or part thereof, such new lands may be surveyed and subdivided
into lots and plats and avenues and walks for cemetery purposes, and any such mausoleum or
columbarium or any part thereof may be divided into niches, compartments, or receptacles for
the receipt of such remains as may be therein deposited....
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11-47-61
Section 11-47-61 Declaration for abandonment of cemetery and removal of human remains interred
therein - Specification as to removal of remains after two months. Any resolution or declaration
for abandonment and removal duly adopted and made under the provisions of Section 11-47-60
shall specify and declare that at any time after the expiration of two months from and after
the first publication of the notice of declaration of abandonment and removal required to
be published under the provisions of Section 11-47-62 the human remains then remaining in
such cemetery or part thereof will be removed by such cemetery corporation, association, corporation,
or other person owning or controlling such cemetery. (Acts 1957, No. 389, p. 523, ยง2.)...
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11-47-65
Section 11-47-65 Voluntary removal of remains by relative or friend of person interred or by
owner of plat or lot; affidavit of person removing remains. At any time prior to the removal
by said cemetery corporation, association, corporation sole or other person owning or controlling
said cemetery lands of the remains of any person buried therein, any relative or friend of
said person may voluntarily remove such remains and dispose of the same as he may desire;
provided, that the person desiring to cause such removal shall, prior to such removal, deliver
to said cemetery corporation, association, corporation sole or other person owning or controlling
such cemetery an affidavit duly sworn to before an officer qualified to administer oaths stating
the name of the person whose remains it is desired to remove and further stating, so far as
is known to the affiant, the date of burial of such remains and the names and places of residence
of the heirs at law of such deceased person. In the...
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11-47-73
Section 11-47-73 Payment of expenses of abandonment and removal by corporations, etc.; disposition
of funds of corporation, etc., remaining thereafter. (a) Whenever any cemetery corporation
or association shall have resolved upon the abandonment of any cemetery or part thereof and
the removal of the human remains therefrom under the provisions of this division, such cemetery
corporation or association shall have power to employ any moneys in its treasury to defray
the expense of such abandonment and removal, including the expense of purchasing or otherwise
providing a suitable place for the interment or depositing of such remains in any other cemetery,
mausoleum, or columbarium in this state, including the expenses of disinterment, transportation,
and reinterment or the depositing of such remains in such mausoleum or columbarium, the expenses
of the removal and disposal of such vaults, monuments, headstones, coping, or other improvements
which may remain after the human bodies are...
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11-47-68
Section 11-47-68 Erection of markers upon and preparation, filing, etc., of maps, plans, etc.,
of lands, etc., where remains reinterred. After the removal and reinterment or deposit in
a mausoleum or columbarium of the bodies disinterred from any such abandoned cemetery or part
thereof the cemetery corporation, association, corporation sole or other person owning or
controlling such abandoned cemetery lands and making such removals shall cause to be erected
upon or imbedded in any lot or plat wherein any such body is reinterred a suitable permanent
marker identifying such remains and shall prepare a complete map or plat describing and showing
the location and subdivision into lots and plats of the cemetery lands where such bodies are
reinterred or a plan of any mausoleum or columbarium wherein such bodies may be deposited,
and there shall also be attached to any such map or plat or plans a description of the name
of each person whose body is so reinterred or deposited, where known, and...
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11-47-69
Section 11-47-69 Care, etc., of lands, etc., in which remains reinterred. Whenever any cemetery
corporation or association having a board of directors or other governing body shall have
caused the removal from any cemetery or part thereof owned by it or under its charge or control
the human remains therein interred and said cemetery corporation or association shall have
funds in its treasury which are not required for other purposes of said corporation, said
corporation shall have power to set aside, invest, use, and apply from such unexpended funds
such sum as, in the judgment of the directors of said corporation, shall be necessary or expedient
to provide for the perpetual or other care or improvement of any lands or mausoleum or columbarium
or part thereof in which said remains may be reinterred or deposited; provided, however, that
in lieu of itself investing, using or applying said funds for the purposes in this section
specified, said cemetery corporation may transfer said funds...
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