2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.309 - INTERMENT, RELOCATION, OR DISINTERMENT OF REMAINS.

        523I.309  INTERMENT, RELOCATION, OR DISINTERMENT OF
      REMAINS.
         1.  A person authorized to control the deceased person's remains
      under section 144C.5 shall have the right to control the interment,
      relocation, or disinterment of a decedent's remains within or from a
      cemetery.
         2.  A person who represents that the person knows the identity of
      a decedent and, in order to procure the interment, relocation, or
      disinterment of the decedent's remains, signs an order or statement,
      other than a death certificate, that warrants the identity of the
      decedent is liable for all damages that result, directly or
      indirectly, from that representation.
         3.  In the event of a dispute concerning the right to control the
      interment, relocation, or disinterment of a decedent's remains, the
      dispute may be resolved by a court of competent jurisdiction.  A
      cemetery or entity maintaining a columbarium shall not be liable for
      refusing to accept the decedent's remains, relocate or disinter,
      inter or otherwise dispose of the decedent's remains, until the
      cemetery or entity maintaining a columbarium receives a court order
      or other suitable confirmation that the dispute has been resolved or
      settled.
         4. a.  If good cause exists to relocate or disinter remains
      interred in a cemetery, the remains may be removed from the cemetery
      pursuant to a disinterment permit as required under section 144.34,
      with the written consent of the cemetery, the current interment
      rights owner, and the person entitled to control the interment,
      relocation, or disinterment of the decedent's remains under section
      144C.5.
         b.  If the consent required pursuant to paragraph "a" is
      not refused but cannot otherwise be obtained, the remains may be
      relocated or disinterred by permission of the district court of the
      county in which the cemetery is located upon a finding by the court
      that clear and convincing evidence of good cause exists to relocate
      or disinter the remains.  Before the date of application to the court
      for permission to relocate or disinter remains under this subsection,
      notice must be given to the cemetery in which the remains are
      interred, each person whose consent is required for relocation or
      disinterment of the remains under paragraph "a", and any other
      person that the court requires to be served.
         c.  For the purposes of this subsection, personal notice must
      be given not later than the eleventh day before the date of hearing
      on an application to the court for permission to relocate or disinter
      the remains, or notice by certified mail or restricted certified mail
      must be given not later than the sixteenth day before the date of
      hearing.
         d.  This subsection does not apply to the removal of remains
      from one interment space to another interment space in the same
      cemetery to correct an error, or relocation of the remains by the
      cemetery from an interment space for which the purchase price is past
      due and unpaid, to another suitable interment space.
         5.  A person who removes remains from a cemetery shall keep a
      record of the removal, and provide a copy to the cemetery, that
      includes all of the following:
         a.  The date the remains are removed.
         b.  The name of the decedent and age at death if those facts
      can be conveniently obtained.
         c.  The place to which the remains are removed.
         d.  The name of the cemetery and the location of the interment
      space from which the remains are removed.
         6.  A cemetery may disinter and relocate remains interred in the
      cemetery for the purpose of correcting an error made by the cemetery
      after obtaining a disinterment permit as required by section 144.34.
      The cemetery shall provide written notice describing the error to the
      commissioner and to the person who has the right to control the
      interment, relocation, or disinterment of the remains erroneously
      interred, by restricted certified mail at the person's last known
      address and sixty days prior to the disinterment.  The notice shall
      include the location where the disinterment will occur and the
      location of the new interment space.  A cemetery is not civilly or
      criminally liable for an erroneously made interment that is corrected
      in compliance with this subsection unless the error was the result of
      gross negligence or intentional misconduct.
         7.  Relocations and disinterments of human remains shall be done
      in compliance with sections 144.32 and 144.34.  Relocations of human
      remains held in a columbarium shall be in compliance with the laws
      regulating the entity maintaining the columbarium.  

         2005 Acts, ch 128, §31; 2006 Acts, ch 1117, §121; 2008 Acts, ch
      1051, §21, 22