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2025 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
GENERAL PROVISIONS
- Section 97.010 - Definitions.
- Section 97.012 - Exclusion of services and merchandise offered under transportation protection agreement.
- 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 [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]
- Section 97.055 [1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5; renumbered 127.610 in 1989]
- Section 97.060 [1977 c.183 §3; renumbered 127.615 in 1989]
- Section 97.065 [1977 c.183 §4; renumbered 127.620 in 1989]
- Section 97.070 [1977 c.183 §5; renumbered 127.625 in 1989]
- Section 97.075 [1977 c.183 §6; repealed by 1983 c.526 §7]
- Section 97.080 [1977 c.183 §7; renumbered 127.630 in 1989]
- Section 97.082 - Consent for certain autopsies; form.
- Section 97.083 [1983 c.526 §1; renumbered 127.635 in 1989]
- Section 97.084 [1983 c.526 §2; renumbered 127.640 in 1989]
- Section 97.085 [1977 c.183 §§8,9,10; renumbered 127.645 in 1989]
- Section 97.090 [1977 c.183 §11; renumbered 127.650 in 1989]
- 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- Section 97.132 [1961 c.674 §1; repealed by 1969 c.175 §12]
- Section 97.134 [1961 c.674 §§2,3; repealed by 1969 c.175 §12]
- Section 97.140 [Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)]
- Section 97.141 [1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13]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.
- 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 97.205 - Prohibition against accepting consideration for public display of human remains; exceptions.
- Section 97.207 - Civil action by decedent’s estate authorized for unlawful public display of remains.
- 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 97.231 - Definitions.
- Section 97.234 - County designation of veterans’ remains coordinator; identification and interment of unclaimed cremated remains of veterans.
- Section 97.237 - Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent; officer to maintain record of reported information.
- Section 97.240 - Funeral establishment assistance to veterans’ remains coordinator regarding veterans’ remains; civil claims against funeral establishment or veterans’ remains coordinator barred.
- Section 97.243 - Veterans’ remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents.
- Section 97.246 - Veterans’ remains coordinator and county veterans’ service officer to carry out duties per Department of Veterans’ Affairs rules.
- 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 [Formerly 116.115; 1995 c.717 §11; renumbered 97.966 in 1995]
- Section 97.300 [1969 c.271 §1; 1995 c.717 §12; renumbered 97.968 in 1995]
- 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, crematory or reduction 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, cremations and reductions; 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 [Renumbered 97.843 in 2019]
- Section 97.852 - Receivership of endowment care cemetery.
- Section 97.860 [Renumbered 97.846 in 2019]
- 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 [1977 c.715 §§2,3; renumbered 97.975 in 2001]
- 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 [Formerly 97.295; 2007 c.681 §30; renumbered 97.984 in 2007]
- Section 97.967 - Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.
- Section 97.968 [Formerly 97.300; renumbered 97.985 in 2007]
- 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 [Formerly 97.930; renumbered 97.987 in 2007]
- 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.
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