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2019 Louisiana Laws
Revised Statutes
Title 8 - Cemeteries
CHAPTER 1. DEFINITIONS
CHAPTER 2. LOUISIANA CEMETERY BOARD
- §61. Cemetery board created; appointments; terms
- §62. Qualifications of members
- §63. Compensation; expenses
- §64. Officers; administrative director; employees
- §65. Meetings
- §66. Administration and enforcement of law
- §66.1. Investigations
- §66.2. Cease and desist orders
- §67. Rules and regulations
- §68. Hearings
- §69. Actions to enforce law; attorney general; special counsel
- §69.1. Service of pleadings upon board
- §69.2. Receiverships; procedure; powers, duties, and qualifications; disposition of cemetery
- §70. Application for certificate of authority
- §71. Proof of applicant's compliance with law, rules and regulations; financial responsibility and reputation
- §72. Certificates; regulatory charges; suspension; restoration; late charge; requirement of certificate
- §73. Regulatory charges; rate
- §74. Sale or interment; certificate of authority; penalty
- §75. Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders
- §76. Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge
- §77. Cemetery fund
- §78. Exemptions; exempt certificates of authority; renewal; fees
CHAPTER 3. PUBLICLY OWNED CEMETERIES
- §101. PUBLICLY OWNED CEMETERIES
- §102. Ordinance creating cemetery; location
- §103. Anticipation of revenues; bonds or certificates; taxes
- §104. Funds for support and improvement; special municipal election authorized
- §105. Maximum tax; use of proceeds
- §106. Rules and regulations; sexton and other employees
- §107. Gifts, donations and contributions
- §108. Expropriation
- §109. Lots, plots, or burial spaces; permits for interment; sale
- §110. Contract to assure proper care; maintenance; and control
- §111. Roads and drainage; parishes may provide
- §112. Expropriation of abandoned private cemeteries
- §113. Powers of parish governing authorities
- §114. Publicly owned cemeteries; mandatory trust accounts
CHAPTER 3-A. ST. MARY PARISH CEMETERY DISTRICT
- §121. St. Mary Parish Cemetery District; creation; location
- §122. Board, qualification of members; appointment; vacancies; removal of members; officers
- §123. Corporate status; purpose; powers and duties
- §124. District as political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-B. RAPIDES PARISH CEMETERY DISTRICT
- §131. Rapides Parish Cemetery District; creation; location
- §131.1. Board of commissioners; membership; appointment; vacancies; removal of members; officers
- §131.2. Powers and duties of the board; grants; donations
CHAPTER 3-C. GRANT PARISH CEMETERY DISTRICT
- §132. Grant Parish Cemetery District; creation; boundaries; purpose
- §132.1. Board, qualification of members; appointment; vacancies; removal of members; officers
- §132.2. Corporate status; powers and duties
- §132.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-D. LASALLE PARISH CEMETERY DISTRICT
- §133. LaSalle Parish Cemetery District; creation; boundaries; purpose
- §133.1. Board, qualification of members; appointment; vacancies; removal of members; officers
- §133.2. Corporate status; powers and duties
- §133.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-E. SWEET LAKE - GRAND LAKE COMMUNITY CEMETERY DISTRICT OF CAMERON PARISH
- §135. Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose
- §135.1. Board, qualification of members; appointment; vacancies; removal of members; officers
- §135.2. Corporate status; powers and duties
CHAPTER 3-F. ST. LANDRY PARISH CEMETERY DISTRICT
- §141. St. Landry Parish Cemetery District; creation; boundaries; purpose
- §141.1. Board; qualification of members; appointment; vacancies; officers
- §141.2. Corporate status; powers and duties
- §141.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 4. CEMETERY COMPANIES
- §201. Incorporation required
- §202. Corporations; how organized
- §203. Prior operations not affected
- §204. Specific powers; rule making and enforcement
- §205. Rules and regulations; posting
- §206. Contracts required; disclosure
CHAPTER 5. ACQUISITION OF CEMETERY PROPERTY
- §301. ACQUISITION OF CEMETERY PROPERTY
- §302. Surveys and maps
- §303. Maps and plats; amendment
- §304. Permanency of dedication
- §305. Rule against perpetuities, etc., inapplicable
- §306. Removal of dedication; procedure
- §307. Notice of hearing
- §308. Sale of cemetery spaces; abandoned spaces, defined, sale
- §308.1. Franklin; interment space ownership
- §309. Execution of conveyances
- §310. Interment spaces indivisible
- §311. Commission on sales prohibited
- §312. Employment of solicitors prohibited
- §313. Exemption from seizure and sale; mortgage prohibited
- §314. Record of ownership and transfers
- §315. Inspection of records
- §316. Opening of roads, railroads through cemetery; consent required, exception
- §317. Certain cemetery lands exempt from taxes
CHAPTER 6. CEMETERY SALES AND MANAGEMENT ORGANIZATION
- §401. CEMETERY SALES AND
- §402. Application for license
- §403. Application fee; annual fee
- §404. Investigation by board
- §405. Issuance of license; board's discretion
- §406. Denial procedure
- §407. Sale or transfer of cemetery sales or cemetery management organization; application for new license; compliance required
- §408. Penalties
CHAPTER 6-A. ABANDONED CEMETERIES
- §411. Definitions
- §412. Application for license; qualifications; fees
- §413. Licensee authority; restrictions
- §414. Additional powers of the board
- §415. Labor by prisoners permitted
- §416. Liability
- §417. Inadvertent discovery
- §418. Scope
CHAPTER 7. CEMETERY CARE FUND
- §451. Corporate operation
- §452. Certification of trust fund in articles of incorporation; amendments
- §453. Cemeteries in existence on August 1, 1962; acts prohibited
- §454. Trust funds required; master trust fund
- §454.1. Administration of trust funds; maintenance; exemption from seizure
- §455. Annual report by cemeteries
- §456. Annual report by trustee; final accounting by trustee required
- §456.1. Resignation of trustee; orderly transfer of trust fund
- §457. Application of chapter
- §458. Prohibited acts; injunctions
- §459. Cemeteries exempt
- §459.1. Trust fund transfers
- §460. Penalties
- §461. Examination of endowment funds; expenses
- §462. Examination expense; effect of refusal to pay; disposition
- §463. Powers, duties, records, concerning examination of funds
- §464. Action required when authority fails to deposit minimum endowment or perpetual funds
- §465. Order requiring reinvestment in compliance with law; actions for preservation and protection
- §466. Annual report of cemetery authority; contents; fees
- §467. Examination of reports
CHAPTER 8. MERCHANDISE TRUST FUND
- §501. Application
- §502. Payments to trust; amounts required
- §502.1. Determination of personal property delivery
- §502.2. Suppliers
- §502.3. Trust fund exempt from seizure
- §503. Withdrawals from trust
- §504. Payments to purchaser; change of domicile
- §505. Annual reports by trustee, final accounting by trustee required
- §505.1. Annual report by cemeteries or other entities; report filing fee
- §505.2. Resignation of trustee; orderly transfer of trust fund
- §506. Examination by board; expenses
- §506.1. Failure to make required deposits; action
- §507. Nonwaiver of provisions of chapter
- §508. Penalties
- §509. Trustee's duty of care
- §510. Exceptions; trust fund transfers
- §511. Nonretroactive effect
CHAPTER 9. MAUSOLEUMS OR SIMILAR STRUCTURES
- §601. MAUSOLEUMS OR SIMILAR STRUCTURES
- §602. Standards of construction
- §603. Ordinances and specifications to be complied with
- §604. Improper construction a nuisance; penalty
- §605. Construction in compliance with existing laws
- §606. Commencement and completion requirements; application form; application fee
CHAPTER 10. HUMAN REMAINS
- §651. HUMAN REMAINS
- §652. Unlawful disposal of remains
- §653. Opening graves; stealing body; receiving same
- §654. Mutilating, disinterring human remains; penalty
- §655. Right of disposing of remains; military personnel; limitation of liability
- §656. Effect of authorization
- §657. Right to rely on such authorization
- §658. Liability for damages; limitation
- §659. Permission to move remains
- §660. Exceptions
- §661. Undisposed remains; rules and regulations
- §662. Record of remains to be kept
- §663. Collection, analysis, and reburial of exposed human skeletal remains
CHAPTER 10-A. LOUISIANA UNMARKED HUMAN BURIAL SITES PRESERVATION ACT
- §671. Short title
- §672. Legislative declaration of intent
- §673. Definitions
- §674. Exclusions
- §675. Repealed by Acts 2009, No. 438, §6B.
- §676. Powers and duties of the secretary
- §677. Revocation or suspension of permits
- §678. Unlawful acts
- §679. Civil remedies
- §680. Discovery of unmarked burial sites, human skeletal remains, and burial artifacts
- §681. Disposition of unmarked burial sites, human skeletal remains, and burial artifacts
CHAPTER 11. UNDEVELOPED LAND
- §701. UNDEVELOPED LAND
- §702. Standards of construction
- §703. Compliance with ordinances and specifications
- §704. Improper use a nuisance; penalty
- §705. Construction in compliance with existing laws
- §705.1. Commencement requirements; application form; application fee
- §706. Commencement and completion requirements
CHAPTER 12. TITLE TO AND RIGHTS IN CEMETERY SPACES
- §801. TITLE TO AND RIGHTS IN CEMETERY SPACES
- §802. Transfer of ownership rights
- §803. Descent of title to cemetery space
- §804. Affidavit as authorization
- §805. When right of interment or cemetery space is inalienable
- §806. Rights of co-owners
- §807. Co-owners; identification
- §808. Co-owners may designate representative
- §809. Waiver of right of interment
- §810. Termination of vested right by waiver
- §811. Limitations on vested rights
- §812. Conveyance of cemetery spaces; formality and recordation
- §813. Correction of errors
- §814. Repealed by Acts 2010, No. 175, §6.
CHAPTER 13. MISCELLANEOUS
- §901. MISCELLANEOUS
- §902. Underground burials; depth
- §903. Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces
- §903.1. Cemeteries; maintenance of vaults and wall vaults more than fifty years old; reclamation by authority
- §904. Speculative sales and purchases prohibited; penalties
- §905. Upkeep of cemeteries; local ordinance authorized; penalty; definition of "shareholder"
- §906. Additional ad valorem tax; Evangeline Parish
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