There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 97
- 97.010 Definitions.
- 97.020 Exemption of certain organizations and cemeteries from certain sections of chapter.
- 97.030 Vested rights not acquired.
- 97.040 Private family burial grounds.
- 97.050 [1977 c.183 1; 1983 c.526 4; 1985 c.747 49; 1987 c.660 16; 1989 c.1034 8; renumbered 127.605 in 1989]
- 97.055 [1977 c.183 2; 1979 c.211 1; 1983 c.526 5; renumbered 127.610 in 1989]
- 97.060 [1977 c.183 3; renumbered 127.615 in 1989]
- 97.065 [1977 c.183 4; renumbered 127.620 in 1989]
- 97.070 [1977 c.183 5; renumbered 127.625 in 1989]
- 97.075 [1977 c.183 6; repealed by 1983 c.526 7]
- 97.080 [1977 c.183 7; renumbered 127.630 in 1989] AUTOPSIES
- 97.082 Consent for certain autopsies; form.
- Note: 97.082 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.083 [1983 c.526 1; renumbered 127.635 in 1989]
- 97.084 [1983 c.526 2; renumbered 127.640 in 1989]
- 97.085 [1977 c.183 8,9,10; renumbered 127.645 in 1989]
- 97.090 [1977 c.183 11; renumbered 127.650 in 1989] DISPOSITION OF HUMAN BODIES
- 97.110 Human remains not to be attached.
- 97.120 Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990.
- 97.130 Right to control disposition of remains; delegation.
- 97.132 [1961 c.674 1; repealed by 1969 c.175 12]
- 97.134 [1961 c.674 2,3; repealed by 1969 c.175 12]
- 97.140 [Repealed by 1957 c.423 1 (97.141 and 97.145 enacted in lieu of 97.140)]
- 97.141 [1957 c.423 2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 13]
- 97.145 Liability for failure to conform to written instrument directing control of remains.
- 97.150 Disposition of cremated remains; procedures; notice; limitations on liability of cemetery authority, crematory operator or funeral service provider.
- 97.153 Diagnostic or therapeutic radioisotopes in body.
- Note: 97.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.160 Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures.
- 97.170 Disposition of unclaimed body of deceased person; rules.
- 97.180 Period within which body may not be used.
- 97.190 Post-mortem examination of body.
- 97.200 Disposition of remains after educational use thereof.
- 97.210 Exceptions to application of ORS 97.170 to 97.200; rules.
- 97.220 Disinterment.
- 97.230 [Repealed by 1973 c.286 1]
- 97.250 [1969 c.175 1; repealed by 1995 c.717 9]
- 97.255 [1969 c.175 3; repealed by 1995 c.717 9]
- 97.260 [1969 c.175 2; repealed by 1995 c.717 9]
- 97.265 [1969 c.175 4; 1973 c.823 98,157; 1993 c.218 1; repealed by 1995 c.717 9]
- 97.268 [1985 c.379 1; repealed by 1995 c.717 9]
- 97.270 [1969 c.175 5; repealed by 1995 c.717 9]
- 97.275 [1969 c.175 6; 1969 c.591 278a; 1975 c.215 1; repealed by 1995 c.717 9]
- 97.280 [1969 c.175 7; repealed by 1995 c.717 9]
- 97.285 [1969 c.175 8; repealed by 1995 c.717 9]
- 97.290 [1969 c.175 9; repealed by 1995 c.717 9]
- 97.295 [Formerly 116.115; 1995 c.717 11; renumbered 97.966 in 1995]
- 97.300 [1969 c.271 1; 1995 c.717 12; renumbered 97.968 in 1995] DEDICATION TO CEMETERY PURPOSES; PLATTINGS
- 97.310 Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.
- 97.320 Filing map or plat and declaration of dedication of land to cemetery purposes.
- 97.330 When dedication is complete.
- 97.340 Effect of dedication.
- 97.350 Dedication to cemetery purposes not invalid.
- 97.360 Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.
- 97.370 Fixing date of hearing; notice.
- 97.380 Hearing; order allowing replatting.
- 97.390 Assessment of benefits and damages.
- 97.400 Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties.
- 97.410 Right of adjacent lot owner upon vacation of way.
- 97.420 Effect of failure to object.
- 97.430 Declaration of exercise of police power and right of eminent domain.
- 97.440 Removal of dedication.
- 97.445 Vacating county interest in cemetery real property.
- 97.450 Discontinuance of cemetery and removal of remains and markers.
- 97.460 Requirements for establishment of cemetery or burial park.
- 97.510 Sale and conveyance of plots by cemetery authority.
- 97.520 Sale or offer to sell cemetery plot upon promise of resale at financial profit.
- 97.530 Commission, bonus or rebate for sale of plot or services.
- 97.540 Commission, bonus or rebate for recommendation of cemetery.
- 97.550 Plots are indivisible.
- 97.560 Presumption of sole ownership in grantee of plot.
- 97.570 Spouse has vested right of interment.
- 97.580 Divestiture of spouse s right of interment.
- 97.590 Transfer of plot or right of interment.
- 97.600 Descent of plot.
- 97.610 Determining occupant of burial plot having co-owners.
- 97.620 Death of co-owner; authorization to use plot under directions of surviving owners.
- 97.630 Family plots; order of occupation.
- 97.640 Waiver or termination of vested right of interment.
- 97.650 Limitations upon vested right of interment.
- 97.660 Lands of cemetery or crematory corporation; exemption from execution, taxation and condemnation.
- Note: 97.660 to 97.680 [formerly 65.855 to 65.875] were made a part of ORS chapter 65 by legislative action but were not added to ORS chapter 97 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 97.665 Revenues; restrictions on uses of revenue.
- Note: See note under 97.660.
- 97.670 Selling land unsuited for burials.
- Note: See note under 97.660.
- 97.675 Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone.
- Note: See note under 97.660.
- 97.680 Recording plan; power to improve and regulate grounds.
- Note: See note under 97.660. CEMETERY MANAGEMENT
- 97.710 Power of cemetery to make rules and regulations.
- 97.720 Record of interments and cremations; inspection.
- 97.730 Gifts and bequests in trust for cemeteries.
- 97.740 Definitions for ORS 97.740 to 97.760.
- 97.745 Prohibited acts; application; notice.
- 97.750 Permitted acts; notice.
- 97.760 Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees.
- 97.770 [1995 c.457 7; repealed by 1999 c.731 14]
- 97.771 [1995 c.457 1; 1997 c.632 1; repealed by 1999 c.731 14] OREGON COMMISSION ON HISTORIC CEMETERIES
- 97.772 Definition of historic cemetery.
- Note: 97.772 to 97.784 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.773 [1995 c.457 3; repealed by 1999 c.731 14]
- 97.774 Oregon Commission on Historic Cemeteries; terms.
- Note: See note under 97.772.
- 97.775 [1995 c.457 4; repealed by 1999 c.731 14]
- 97.776 Commission members; nominations.
- Note: See note under 97.772.
- 97.777 [1995 c.457 5; repealed by 1999 c.731 14]
- 97.778 Chairperson; quorum; meetings.
- Note: See note under 97.772.
- 97.779 [1995 c.457 6; repealed by 1999 c.731 14]
- 97.780 Duties.
- Note: See note under 97.772.
- 97.782 Listing of historic cemeteries; form.
- Note: See note under 97.772.
- 97.784 Executive secretary; support services.
- Note: See note under 97.772. CEMETERY CARE
- 97.810 Endowment care and nonendowed care cemeteries.
- 97.820 Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.
- 97.825 Suits to enforce endowed care statutes; attorney fees.
- 97.830 Investment and reinvestment of principal of endowed care funds; use and application of income.
- 97.835 Limitation of duties and liability of trustee.
- 97.840 Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.
- 97.850 Endowment and special care funds are charitable.
- 97.860 Agreements for care.
- 97.865 Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.
- 97.870 Unused and uncared for portions of cemetery declared common nuisances.
- 97.880 Resolution declaring a nuisance.
- 97.890 Complaint.
- 97.900 Summons.
- 97.910 Disuse as prima facie evidence of abandonment.
- 97.920 Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.
- 97.923 Definitions for ORS 97.923 to 97.949.
- Note: 97.923 to 97.949 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.925 Purpose.
- Note: See note under 97.923.
- 97.926 Rulemaking authority.
- Note: See note under 97.923.
- 97.927 Applicability of ORS 97.923 to 97.949.
- Note: See note under 97.923.
- 97.929 Exceptions to ORS 97.923 to 97.949.
- Note: Section 2, chapter 68, Oregon Laws 1999, provides:
- Sec. 2.
- Note: 97.929 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.930 [1977 c.715 2,3; renumbered 97.975 in 2001]
- 97.931 Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties.
- Note: See note under 97.923.
- 97.933 Certification of provider of prearrangement or preconstruction sales; annual reports; audits; fees.
- Note: See note under 97.923.
- 97.935 Registration of master trustees; annual reports; annual audits; fees.
- Note: See note under 97.923.
- 97.936 Emergency orders of suspension or restriction.
- Note: See note under 97.923.
- 97.937 Deposit of trust funds made by endowment care cemeteries.
- Note: Section 16, chapter 813, Oregon Laws 1987, provides:
- Sec. 16.
- Note: 97.937 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.939 Prearrangement or preconstruction sales contracts; contents; delivery.
- Note: See note under 97.923.
- 97.941 Prearrangement or preconstruction trust fund deposits.
- Note: See note under 97.923.
- 97.942 Appointment of receiver; criteria.
- Note: See note under 97.923.
- 97.943 Distributions from prearrangement trust fund deposits.
- Note: See note under 97.923.
- 97.944 Distributions from preconstruction trust fund deposits.
- Note: See note under 97.923.
- 97.945 Funeral and Cemetery Consumer Protection Trust Fund; fee; rules.
- Note: See note under 97.923.
- 97.946 Advertising and marketing prohibitions.
- Note: See note under 97.923.
- 97.947 Examination of providers and master trustees by director; subpoena power; depositions.
- Note: Section 30, chapter 338, Oregon Laws 2005, provides:
- Sec. 30.
- Note: See note under 97.923.
- 97.948 Grounds for discipline by director for violation of ORS 97.923 to 97.949; suspension and revocation of certificate or registration; civil penalties; notification of board.
- Note: Section 31, chapter 338, Oregon Laws 2005, provides:
- Sec. 31.
- Note: See note under 97.923.
- 97.949 Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.
- Note: See note under 97.923.
- 97.950 [1995 c.717 1; 1997 c.472 4; 1999 c.201 1; 2005 c.505 1; repealed by 2007 c.681 31] REVISED UNIFORM ANATOMICAL GIFT ACT
- 97.951 Short title.
- Note: 97.951 to 97.982 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.952 [1995 c.717 2; 1997 c.472 5; 2005 c.505 2; repealed by 2007 c.681 31]
- 97.953 Definitions.
- Note: See note under 97.951.
- 97.954 [1995 c.717 3; 1997 c.472 6; 1999 c.201 2; 2005 c.505 3; repealed by 2007 c.681 31]
- 97.955 Purpose of anatomical gift; persons authorized to make gift.
- Note: See note under 97.951.
- 97.956 [1995 c.717 4; 1997 c.472 7; 1999 c.201 3; repealed by 2007 c.681 31]
- 97.957 Methods of making anatomical gift before death of donor.
- Note: See note under 97.951.
- 97.958 [1995 c.717 5; 1997 c.472 8; 1999 c.201 4; 2005 c.505 4; repealed by 2007 c.681 31]
- 97.959 Revocation or amendment of anatomical gift by donor or agent or guardian of donor.
- Note: See note under 97.951.
- 97.960 [1995 c.717 6; 1997 c.472 9; repealed by 2007 c.681 31]
- 97.961 Refusal to make anatomical gift; effect of refusal.
- Note: See note under 97.951.
- 97.962 [1995 c.717 7; repealed by 2007 c.681 31]
- 97.963 Effect of making, amending or revoking anatomical gift.
- Note: See note under 97.951.
- 97.964 [1995 c.717 8; 2005 c.505 5; repealed by 2007 c.681 31]
- 97.965 Persons authorized to make anatomical gift of body or body part of decedent.
- Note: See note under 97.951.
- 97.966 [Formerly 97.295; 2007 c.681 30; renumbered 97.984 in 2007]
- 97.967 Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.
- Note: See note under 97.951.
- 97.968 [Formerly 97.300; renumbered 97.985 in 2007]
- 97.969 Authorized recipients of anatomical gifts; purposes for which gift may be used.
- Note: See note under 97.951.
- 97.970 Search for document of anatomical gift or refusal; duty to send document or refusal to hospital.
- Note: See note under 97.951.
- 97.971 Delivery of document of gift or refusal not required; right to examine.
- Note: See note under 97.951.
- 97.972 Rights and duties of procurement organizations and others; authorized examinations.
- Note: See note under 97.951.
- 97.973 Coordination of procurement and use of anatomical gifts.
- Note: See note under 97.951.
- 97.974 Immunity of persons acting in accordance with ORS 97.951 to 97.982.
- Note: See note under 97.951.
- 97.975 [Formerly 97.930; renumbered 97.987 in 2007]
- 97.976 Law governing validity of document of gift; presumption of validity.
- Note: See note under 97.951.
- 97.977 Donor registry; duty of Department of Transportation to cooperate with donor registry.
- Note: See note under 97.951.
- 97.978 Resolution of conflict between potential anatomical gift and advance directive.
- Note: See note under 97.951.
- 97.979 Cooperation between medical examiner and procurement organization.
- Note: See note under 97.951.
- 97.980 Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
- Note: See note under 97.951.
- 97.981 Purchase or sale of body parts prohibited.
- Note: See note under 97.951.
- 97.982 Alteration of document of anatomical gift prohibited.
- Note: See note under 97.951.
- 97.983 Relation to Electronic Signatures in Global and National Commerce Act.
- Note: 97.983 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ANATOMICAL GIFTS
- 97.984 Liability of executor who carries out anatomical gift.
- 97.985 Transplants not covered by implied warranty.
- 97.987 Department of Transportation use of federal moneys for cemetery care.
- 97.990 Penalties.
- 97.992 Penalties for ORS 97.937.
- Note: 97.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 97.994 Penalties for ORS 97.931, 97.933 and 97.941.
- Note: 97.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. _______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.