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2022 Louisiana Laws
Revised Statutes
Title 8 - Cemeteries
TITLE 8
CEMETERIES
CHAPTER 1. DEFINITIONS
CHAPTER 2. LOUISIANA CEMETERY BOARD
- §8:61. Cemetery board created; appointments; terms
- §8:62. Qualifications of members
- §8:63. Compensation; expenses
- §8:64. Officers; administrative director; employees
- §8:65. Meetings
- §8:66. Administration and enforcement of law
- §8:66.1. Investigations
- §8:66.2. Cease and desist orders
- §8:67. Rules and regulations
- §8:68. Hearings
- §8:69. Actions to enforce law; attorney general; special counsel
- §8:69.1. Service of pleadings upon board
- §8:69.2. Receiverships; procedure; powers, duties, and qualifications; disposition of cemetery
- §8:70. Application for certificate of authority
- §8:71. Proof of applicant's compliance with law, rules and regulations; financial responsibility and reputation
- §8:72. Certificates; regulatory charges; suspension; restoration; late charge; requirement of certificate
- §8:73. Regulatory charges; rate
- §8:74. Sale or interment; certificate of authority; penalty
- §8:75. Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders
- §8:76. Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge
- §8:77. Cemetery fund
- §8:78. Exemptions; exempt certificates of authority; renewal; fees
CHAPTER 3. PUBLICLY OWNED CEMETERIES
- §8:101. Municipal corporations; establishment and maintenance of cemeteries
- §8:102. Ordinance creating cemetery; location
- §8:103. Anticipation of revenues; bonds or certificates; taxes
- §8:104. Funds for support and improvement; special municipal election authorized
- §8:105. Maximum tax; use of proceeds
- §8:106. Rules and regulations; sexton and other employees
- §8:107. Gifts, donations, and contributions
- §8:108. Expropriation
- §8:109. Lots, plots, or burial spaces; permits for interment; sale
- §8:110. Contract to assure proper care; maintenance; and control
- §8:111. Roads and drainage; parishes may provide
- §8:112. Expropriation of abandoned private cemeteries
- §8:113. Powers of parish governing authorities
- §8:114. Publicly owned cemeteries; mandatory trust accounts
CHAPTER 3-A. ST. MARY PARISH CEMETERY DISTRICT
- §8:121. St. Mary Parish Cemetery District; creation; location
- §8:122. Board; qualification of members; appointment; vacancies; removal of members; officers
- §8:123. Corporate status; purpose; powers and duties
- §8:124. District as political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-B. RAPIDES PARISH CEMETERY DISTRICT
- §8:131. Rapides Parish Cemetery District; creation; location
- §8:131.1. Board of commissioners; membership; appointment; vacancies; removal of members; officers
- §8:131.2. Powers and duties of the board; grants; donations
CHAPTER 3-C. GRANT PARISH CEMETERY DISTRICT
- §8:132. Grant Parish Cemetery District; creation; boundaries; purpose
- §8:132.1. Board; qualification of members; appointment; vacancies; removal of members; officers
- §8:132.2. Corporate status; powers and duties
- §8:132.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-D. LASALLE PARISH CEMETERY DISTRICT
- §8:133. LaSalle Parish Cemetery District; creation; boundaries; purpose
- §8:133.1. Board; qualification of members; appointment; vacancies; removal of members; officers
- §8:133.2. Corporate status; powers and duties
- §8:133.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 3-E. SWEET LAKE - GRAND LAKE COMMUNITY
CEMETERY DISTRICT OF CAMERON PARISH
- §8:135. Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose
- §8:135.1. Board; qualification of members; appointment; vacancies; removal of members; officers
- §8:135.2. Corporate status; powers and duties
CHAPTER 3-F. ST. LANDRY PARISH CEMETERY DISTRICT
- §8:141. St. Landry Parish Cemetery District; creation; boundaries; purpose
- §8:141.1. Board; qualification of members; appointment; vacancies; officers
- §8:141.2. Corporate status; powers and duties
- §8:141.3. District as a political subdivision; election imposing taxes, maximum tax; authority
CHAPTER 4. CEMETERY COMPANIES
- §8:201. Incorporation required
- §8:202. Corporations; how organized
- §8:203. Prior operations not affected
- §8:204. Specific powers; rulemaking and enforcement
- §8:205. Rules and regulations; posting
- §8:206. Contracts required; disclosure
CHAPTER 5. ACQUISITION OF CEMETERY PROPERTY
- §8:301. Right to acquire property
- §8:302. Surveys and maps
- §8:303. Maps and plats; amendment
- §8:304. Permanency of dedication
- §8:305. Rule against perpetuities, etc., inapplicable
- §8:306. Removal of dedication; procedure
- §8:307. Notice of hearing
- §8:308. Sale of cemetery spaces; abandoned spaces defined; sale of abandoned spaces
- §8:308.1. Franklin; interment space ownership
- §8:309. Execution of conveyances
- §8:310. Interment spaces indivisible
- §8:311. Commission on sales prohibited
- §8:312. Employment of solicitors prohibited
- §8:313. Exemption from seizure and sale; mortgage prohibited
- §8:314. Record of ownership and transfers
- §8:315. Inspection of records
- §8:316. Opening of roads and railroads through cemetery; consent required; exception
- §8:317. Certain cemetery lands exempt from taxes
CHAPTER 6. CEMETERY SALES AND
MANAGEMENT ORGANIZATION
- §8:401. License to engage in business
- §8:402. Application for license
- §8:403. Application fee; annual fee
- §8:404. Investigation by board
- §8:405. Issuance of license; board's discretion
- §8:406. Denial procedure
- §8:407. Sale or transfer of cemetery sales or cemetery management organization; application for new license; compliance required
- §8:408. Penalties
CHAPTER 6-A. ABANDONED CEMETERIES
- §8:411. Definitions
- §8:412. Application for license; qualifications; fees
- §8:413. Licensee authority; restrictions
- §8:414. Additional powers of the board
- §8:415. Labor by prisoners permitted
- §8:416. Liability
- §8:417. Inadvertent discovery
- §8:418. Scope
CHAPTER 7. CEMETERY CARE FUND
- §8:451. Corporate operation
- §8:452. Certification of trust fund in articles of incorporation; amendments
- §8:453. Cemeteries in existence on August 1, 1962; acts prohibited
- §8:454. Trust funds required; master trust fund
- §8:454.1. Administration of trust funds; maintenance; exemption from seizure
- §8:455. Annual report by cemeteries
- §8:456. Annual report by trustee; final accounting by trustee required
- §8:456.1. Resignation of trustee; orderly transfer of trust fund
- §8:457. Application of Chapter
- §8:458. Prohibited acts; injunctions
- §8:459. Cemeteries exempt
- §8:459.1. Trust fund transfers
- §8:460. Penalties
- §8:461. Examination of endowment funds; expenses
- §8:462. Examination expense; effect of refusal to pay; disposition
- §8:463. Powers, duties, records, concerning examination of funds
- §8:464. Action required when authority fails to deposit minimum endowment or perpetual funds
- §8:465. Order requiring reinvestment in compliance with law; actions for preservation and protection
- §8:466. Annual report of cemetery authority; contents; fees
- §8:467. Examination of reports
CHAPTER 8. MERCHANDISE TRUST FUND
- §8:501. Application
- §8:502. Payments to trust; amounts required
- §8:502.1. Determination of personal property delivery
- §8:502.2. Suppliers
- §8:502.3. Trust fund exempt from seizure
- §8:503. Withdrawals from trust
- §8:504. Payments to purchaser; change of domicile
- §8:505. Annual reports by trustee; final accounting by trustee required
- §8:505.1. Annual report by cemeteries or other entities; report filing fee
- §8:505.2. Resignation of trustee; orderly transfer of trust fund
- §8:506. Examination by board; expenses
- §8:506.1. Failure to make required deposits; action
- §8:507. Nonwaiver of provisions of Chapter
- §8:508. Penalties
- §8:509. Trustee's duty of care
- §8:510. Exceptions; trust fund transfers
- §8:511. Nonretroactive effect
CHAPTER 9. MAUSOLEUMS OR SIMILAR STRUCTURES
- §8:601. Application of Chapter
- §8:602. Standards of construction
- §8:603. Ordinances and specifications to be complied with
- §8:604. Improper construction a nuisance; penalty
- §8:605. Construction in compliance with existing laws
- §8:606. Commencement and completion requirements; application form; application fee
CHAPTER 10. HUMAN REMAINS
- §8:651. Interring or cremating
- §8:652. Unlawful disposal of remains
- §8:653. Opening graves; stealing body; receiving same
- §8:654. Mutilating, disinterring human remains; penalty
- §8:655. Right of disposing of remains; military personnel; limitation of liability
- §8:656. Effect of authorization
- §8:657. Right to rely on such authorization
- §8:658. Liability for damages; limitation
- §8:659. Permission to move remains
- §8:660. Exceptions
- §8:661. Undisposed remains; rules and regulations
- §8:662. Record of remains to be kept
- §8:663. Collection, analysis, and reburial of exposed human skeletal remains
CHAPTER 10-A. LOUISIANA UNMARKED HUMAN
BURIAL SITES PRESERVATION ACT
- §8:671. Short title
- §8:672. Legislative declaration of intent
- §8:673. Definitions
- §8:674. Exclusions
- §8:675. Repealed by Acts 2009, No. 438, §6B.
- §8:676. Powers and duties of the secretary
- §8:677. Revocation or suspension of permits
- §8:678. Unlawful acts
- §8:679. Civil remedies
- §8:680. Discovery of unmarked burial sites, human skeletal remains, and burial artifacts
- §8:681. Disposition of unmarked burial sites, human skeletal remains, and burial artifacts
CHAPTER 11. UNDEVELOPED LAND
- §8:701. Application
- §8:702. Standards of construction
- §8:703. Compliance with ordinances and specifications
- §8:704. Improper use a nuisance; penalty
- §8:705. Construction in compliance with existing laws
- §8:705.1. Commencement requirements; application form; application fee
- §8:706. Commencement and completion requirements
CHAPTER 12. TITLE TO AND RIGHTS IN CEMETERY SPACES
- §8:801. Recognized owner of title
- §8:802. Transfer of ownership rights
- §8:803. Descent of title to cemetery space
- §8:804. Affidavit as authorization
- §8:805. When right of interment or cemetery space is inalienable
- §8:806. Rights of co-owners
- §8:807. Co-owners; identification
- §8:808. Co-owners may designate representative
- §8:809. Waiver of right of interment
- §8:810. Termination of vested right by waiver
- §8:811. Limitations on vested rights
- §8:812. Conveyance of cemetery spaces; formality and recordation
- §8:813. Correction of errors
- §8:814. Repealed by Acts 2010, No. 175, §6.
CHAPTER 13. MISCELLANEOUS
- §8:901. Unlawful to use, lease, or sell for drilling, mining, or prospecting; penalty
- §8:902. Underground burials; depth
- §8:903. Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces
- §8:903.1. Cemeteries; maintenance of vaults and wall vaults more than fifty years old; reclamation by authority
- §8:904. Speculative sales and purchases prohibited; penalties
- §8:905. Upkeep of cemeteries; local ordinance authorized; penalty; definition of shareholder
- §8:906. Additional ad valorem tax; Evangeline Parish
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