2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.402 - REMOVAL OF REMAINS.

        523I.402  REMOVAL OF REMAINS.
         1.  Upon a showing of good cause, a county cemetery commission may
      file suit in the district court in that county to have remains
      interred in a cemetery owned and operated by the commission removed
      to another cemetery.  All persons in interest, known or unknown,
      other than the plaintiffs, shall be made defendants to the suit.  If
      any parties are unknown, notice may be given by publication.  After
      hearing and a showing of good cause for the removal, the court may
      order the removal of the remains and the remains shall be properly
      interred in another cemetery, at the expense of the county.  The
      removal and reinterment of the remains shall be done pursuant to a
      disinterment permit issued under section 144.34 with due care and
      decency.  In deciding whether to order the removal of interred
      remains, a court shall consider present or future access to the
      cemetery, the historical significance of the cemetery, and the wishes
      of the parties concerned if they are brought to the court's
      attention, including the desire of any beneficiaries to reserve their
      rights to waive a reservation of rights in favor of removal, and
      shall exercise the court's sound discretion in granting or refusing
      the removal of interred remains.
         2.  Any heir at law or descendent of a deceased person interred in
      a neglected cemetery may file suit in the district court in the
      county where the cemetery is located to have the deceased person's
      remains interred in the cemetery removed to another cemetery.  The
      owner of the land, any beneficiaries of any reservation of rights,
      and any other persons in interest, known or unknown, other than the
      plaintiffs shall be made defendants.  If any parties are unknown,
      notice may be given by publication.  After hearing and upon a showing
      of good cause, the court may order removal and the proper interment
      of the remains in another cemetery, at the expense of the petitioner.
      The removal and reinterment shall be done with due care and decency.
      

         2005 Acts, ch 128, §40