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2019 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift
GENERAL PROVISIONS
- Section 97.010 - Definitions.
- Section 97.020 - Exemption of certain organizations and cemeteries from certain sections of chapter.
- Section 97.030 - Vested rights not acquired.
- Section 97.040 - Private family burial grounds.
- Section 97.050
- Section 97.055
- Section 97.060
- Section 97.065
- Section 97.070
- Section 97.075 [1977 c.183 §6; repealed by 1983 c.526 §7]
- Section 97.080
- Section 97.082 - Consent for certain autopsies; form.
- Section 97.083
- Section 97.084
- Section 97.085
- Section 97.090
- Section 97.110 - Human remains not to be attached.
- Section 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.
- Section 97.130 - Right to control disposition of remains; delegation.
- Section 97.132 [1961 c.674 §1; repealed by 1969 c.175 §12]
- Section 97.134 [1961 c.674 §§2,3; repealed by 1969 c.175 §12]
- Section 97.140 [Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)]
- Section 97.141 [1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13]
- Section 97.145 - Liability for failure to conform to written instrument directing control of remains.
- Section 97.150 - Disposition of cremated remains; procedures; notice; limitations on liability of cemetery authority, crematory operator or funeral service provider.
- Section 97.153 - Diagnostic or therapeutic radioisotopes in body.
- Section 97.160 - Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures.
- Section 97.170 - Disposition of unclaimed body of deceased person; rules.
- Section 97.180 - Period within which body may not be used or dismembered.
- Section 97.190 - Post-mortem examination of body.
- Section 97.200 - Disposition of remains after use.
- Section 97.210 - Exceptions to application of ORS 97.170 to 97.200; rules.
- Section 97.220 - Disinterment.
- Section 97.223 - Interment or temporary storage of human remains in case of natural disaster or other emergency.
- Section 97.230 [Repealed by 1973 c.286 §1]
- Section 97.250 [1969 c.175 §1; repealed by 1995 c.717 §9]
- Section 97.255 [1969 c.175 §3; repealed by 1995 c.717 §9]
- Section 97.260 [1969 c.175 §2; repealed by 1995 c.717 §9]
- Section 97.265 [1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218 §1; repealed by 1995 c.717 §9]
- Section 97.268 [1985 c.379 §1; repealed by 1995 c.717 §9]
- Section 97.270 [1969 c.175 §5; repealed by 1995 c.717 §9]
- Section 97.275 [1969 c.175 §6; 1969 c.591 §278a; 1975 c.215 §1; repealed by 1995 c.717 §9]
- Section 97.280 [1969 c.175 §7; repealed by 1995 c.717 §9]
- Section 97.285 [1969 c.175 §8; repealed by 1995 c.717 §9]
- Section 97.290 [1969 c.175 §9; repealed by 1995 c.717 §9]
- Section 97.295
- Section 97.300
- Section 97.310 - Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.
- Section 97.320 - Filing map or plat and declaration of dedication of land to cemetery purposes.
- Section 97.330 - When dedication is complete.
- Section 97.340 - Effect of dedication.
- Section 97.350 - Dedication to cemetery purposes not invalid.
- Section 97.360 - Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.
- Section 97.370 - Fixing date of hearing; notice.
- Section 97.380 - Hearing; order allowing replatting.
- Section 97.390 - Assessment of benefits and damages.
- Section 97.400 - Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties.
- Section 97.410 - Right of adjacent lot owner upon vacation of way.
- Section 97.420 - Effect of failure to object.
- Section 97.430 - Declaration of exercise of police power and right of eminent domain.
- Section 97.440 - Removal of dedication.
- Section 97.445 - Vacating county interest in cemetery real property.
- Section 97.450 - Discontinuance of cemetery and removal of remains and markers.
- Section 97.460 - Requirements for establishment of cemetery or burial park.
- Section 97.510 - Sale and conveyance of plots by cemetery authority.
- Section 97.520 - Sale or offer to sell cemetery plot upon promise of resale at financial profit.
- Section 97.530 - Commission, bonus or rebate for sale of plot or services.
- Section 97.540 - Commission, bonus or rebate for recommendation of cemetery.
- Section 97.550 - Plots are indivisible.
- Section 97.560 - Presumption of sole ownership in grantee of plot.
- Section 97.570 - Spouse has vested right of interment.
- Section 97.580 - Divestiture of spouse’s right of interment.
- Section 97.590 - Transfer of plot or right of interment.
- Section 97.600 - Descent of plot.
- Section 97.610 - Determining occupant of burial plot having co-owners.
- Section 97.620 - Death of co-owner; authorization to use plot under directions of surviving owners.
- Section 97.630 - Family plots; order of occupation.
- Section 97.640 - Waiver or termination of vested right of interment.
- Section 97.650 - Limitations upon vested right of interment.
- Section 97.660 - Lands of cemetery or crematory corporation; exemption from execution, taxation and condemnation.
- Section 97.665 - Revenues; restrictions on uses of revenue.
- Section 97.670 - Selling land unsuited for burials.
- Section 97.675 - Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone.
- Section 97.680 - Recording plan; power to improve and regulate grounds.
- Section 97.710 - Power of cemetery authority to make rules and regulations.
- Section 97.720 - Record of interments and cremations; inspection.
- Section 97.725 - Disposal of unclaimed burial spaces; notice; form of notice; claims.
- Section 97.730 - Gifts and bequests in trust for cemeteries.
- Section 97.740 - Definitions for ORS 97.740 to 97.760.
- Section 97.745 - Prohibited acts; application; notice.
- Section 97.750 - Permitted acts; notice.
- Section 97.760 - Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees.
- Section 97.770 [1995 c.457 §7; repealed by 1999 c.731 §14]
- Section 97.771 [1995 c.457 §1; 1997 c.632 §1; repealed by 1999 c.731 §14]
- Section 97.772 - Definition of "historic cemetery."
- Section 97.773 [1995 c.457 §3; repealed by 1999 c.731 §14]
- Section 97.774 - Oregon Commission on Historic Cemeteries; terms.
- Section 97.775 [1995 c.457 §4; repealed by 1999 c.731 §14]
- Section 97.776 - Commission members; nominations.
- Section 97.777 [1995 c.457 §5; repealed by 1999 c.731 §14]
- Section 97.778 - Chairperson; quorum; meetings.
- Section 97.779 [1995 c.457 §6; repealed by 1999 c.731 §14]
- Section 97.780 - Duties.
- Section 97.782 - Listing of historic cemeteries; form.
- Section 97.784 - Executive secretary; support services.
- Section 97.810 - Endowment care and nonendowed care cemeteries.
- Section 97.813 - Standards of care for and public access to endowment care cemeteries; rules.
- Section 97.820 - Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.
- Section 97.823 - Prohibitions related to endowment care cemeteries.
- Section 97.825 - Suits to enforce endowed care statutes; attorney fees.
- Section 97.830 - Investment and reinvestment of principal of endowed care funds; use and application of income.
- Section 97.835 - Limitation of duties and liability of trustee.
- Section 97.840 - Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.
- Section 97.843 - Endowment and special care funds are charitable.
- Section 97.846 - Agreements for care.
- Section 97.849 - Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery.
- Section 97.850
- Section 97.852 - Receivership of endowment care cemetery.
- Section 97.860
- Section 97.865 - Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.
- Section 97.870 - Unused and uncared for portions of cemetery declared common nuisances.
- Section 97.880 - Resolution declaring a nuisance.
- Section 97.890 - Complaint.
- Section 97.900 - Summons.
- Section 97.910 - Disuse as prima facie evidence of abandonment.
- Section 97.920 - Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.
- Section 97.923 - Definitions for ORS 97.923 to 97.949.
- Section 97.925 - Purpose.
- Section 97.926 - Rulemaking authority.
- Section 97.927 - Applicability of ORS 97.923 to 97.949.
- Section 97.928 - Prohibitions.
- Section 97.929 - Exceptions to ORS 97.923 to 97.949.
- Section 97.930
- Section 97.931 - Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties.
- Section 97.933 - Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees.
- Section 97.935 - Registration of master trustees; annual reports; rules; annual audits; fees.
- Section 97.936 - Emergency orders of suspension or restriction.
- Section 97.937 - Deposit of trust funds made by endowment care cemeteries.
- Section 97.939 - Prearrangement or preconstruction sales contracts; contents; delivery.
- Section 97.941 - Prearrangement or preconstruction trust fund deposits.
- Section 97.942 - Appointment of receiver; criteria.
- Section 97.943 - Distributions from prearrangement trust fund deposits.
- Section 97.944 - Distributions from preconstruction trust fund deposits.
- Section 97.945 - Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance.
- Section 97.946 - Advertising and marketing prohibitions.
- Section 97.947 - Examination of providers and master trustees by director; subpoena power; depositions.
- Section 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.
- Section 97.949 - Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.
- Section 97.950 [1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1; 2005 c.505 §1; repealed by 2007 c.681 §31]
- Section 97.951 - Short title.
- Section 97.952 [1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2; repealed by 2007 c.681 §31]
- Section 97.953 - Definitions for ORS 97.951 to 97.982.
- Section 97.954 [1995 c.717 §3; 1997 c.472 §6; 1999 c.201 §2; 2005 c.505 §3; repealed by 2007 c.681 §31]
- Section 97.955 - Purpose of anatomical gift; persons authorized to make gift.
- Section 97.956 [1995 c.717 §4; 1997 c.472 §7; 1999 c.201 §3; repealed by 2007 c.681 §31]
- Section 97.957 - Methods of making anatomical gift before death of donor.
- Section 97.958 [1995 c.717 §5; 1997 c.472 §8; 1999 c.201 §4; 2005 c.505 §4; repealed by 2007 c.681 §31]
- Section 97.959 - Revocation or amendment of anatomical gift by donor or agent or guardian of donor.
- Section 97.960 [1995 c.717 §6; 1997 c.472 §9; repealed by 2007 c.681 §31]
- Section 97.961 - Refusal to make anatomical gift; effect of refusal.
- Section 97.962 [1995 c.717 §7; repealed by 2007 c.681 §31]
- Section 97.963 - Effect of making, amending or revoking anatomical gift.
- Section 97.964 [1995 c.717 §8; 2005 c.505 §5; repealed by 2007 c.681 §31]
- Section 97.965 - Persons authorized to make anatomical gift of body or body part of decedent.
- Section 97.966
- Section 97.967 - Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.
- Section 97.968
- Section 97.969 - Authorized recipients of anatomical gifts; purposes for which gift may be used.
- Section 97.970 - Search for document of anatomical gift or refusal; duty to send document or refusal to hospital.
- Section 97.971 - Delivery of document of gift or refusal not required; right to examine.
- Section 97.972 - Rights and duties of procurement organizations and others; authorized examinations.
- Section 97.973 - Coordination of procurement and use of anatomical gifts.
- Section 97.974 - Immunity of persons acting in accordance with ORS 97.951 to 97.982.
- Section 97.975
- Section 97.976 - Law governing validity of document of gift; presumption of validity.
- Section 97.977 - Donor registry; duty of Department of Transportation to cooperate with donor registry.
- Section 97.978 - Resolution of conflict between potential anatomical gift and advance directive.
- Section 97.979 - Cooperation between medical examiner and procurement organization.
- Section 97.980 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
- Section 97.981 - Purchase or sale of body parts prohibited.
- Section 97.982 - Alteration of document of anatomical gift prohibited.
- Section 97.983 - Relation to Electronic Signatures in Global and National Commerce Act.
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.
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