cemetery plot ownership laws alabamacemetery plot ownership laws alabama

plot in a specific county or city can affect the sale process. The Cemetery Care Act enacted in that state provides that these cemeteries are required to secure a license from the Auditor of Public Accounts before acquiring care funds. A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. You can also learn more about buying a burial plot in advance here. or Best Offer. Occasionally, scandalous information comes out as to failure to bury the right person in the right plot or, even worse, selling the same plot over and over, the bodies literally piled upon each other. The result can be both frustrating and expensive as people are required to make significant economic decisions when emotionally distraught and those decisions can result in tension within the family and long term economic commitments. Areas that are set aside by public authority or private persons for the burial of the dead. January 13, 2017. An infringement of the rights of a plot owner may be prevented by an Injunction if an injury is threatened. 1996. Even a small, 6-acre cemetery like the one Lybbert owns has a lot of capacity. This may limit the burial right to its members or to those in communion with such organizations. for uncared-for plots as . In most states, you can transfer ownership of a cemetery Burial sites may not be absolutely prohibited by legislative action inasmuch as they are considered indispensable and directly related to the public health. See Arizona Laws 32-2101; Commissioner: means the state real estate commissioner. After you verify the deed and the right to transfer Transferring the plot, though, can require a bit of finesse, since failing to See Union Cemetery Assn v. Cooper, 414 Ill. 23 (Ill. 1953). This cemetery is a critical part of the history of Birmingham and Jefferson County." -- Get involved Call John Lanier at 205-533-3502 or contact the association by mail: Shadow Lawn Maintenance. As used in this chapter and chapter 2 of this title, unless the context otherwise requires: (1) " Cemetery " means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains; (2) " Cemetery company " means an individual, partnership, corporation, or association, now or . (2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously visible from a view of the property, provided that the designation is reasonable for the purposes set out above. Indeed, most states require that some portion of the Conversely, a family burying ground has been defined by statute as one in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage. If a burial ground or plot is wrongfully invaded or desecrated, an action of trespass may be brought against the wrongdoer. Yes, the property of the Estate also applies to cemetery plots. While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. Rezatto, Helen. However, there are a few things to keep in mind. Important to consider is that there are pre-purchasing and pre-planning options that handle all these details for you. There are many laws that govern the use of property for burial. x]ms8}&or_@!RrR*LRF~n>z\~]Fh]\GX,v|y~5_=|!DLs9zz=|?e//_\8#&A*FJ,]k++zoIx*LDLz/ 0p$>N+ Public cemeteries, including probate cemeteries, may have a longer life span of the lease. You should contact your attorney to obtain advice with respect to any particular issue or problem. | https://codes.findlaw.com/al/title-35-property/al-code-sect-35-1-4/. The permission to establish a cemetery cannot be made dependent on the arbitrary will of the officers or governing body of that particular place. If a plot owner dies intestate, the rights to the plot pass to the heirs in the same manner that Personal Property passes in the absence of a will. A cemetery lot owner's rights are contractual and subject to the ordinary rules of contract law. By the claim of a burial lot owner that he/she has a freehold interest in the lot, a cemetery owner will not necessarily be prevented from abandoning its cemetery and from removing the remains of deceased persons buried therein. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. It must be set apart, marked, and distinguished from adjoining ground as a graveyard. Find helpful legal articles & summaries on key areas of the law! buried when the time comes. Through the cemetery program, the Alabama Historical Commission makes information on Alabamas cemeteries laws available; informs the public about general cemetery preservation guidelines; issues permits for substantial work - including, but not limited to the relocation of human remains in cemeteries at least 75 years old. If a plot owner dies intestate, the rights to the plot pass to the heirs in the same manner that Personal Property passes in the absence of a will. 7 watching. Moreover, the rules of the company may provide against alienation or subdivision, or there may be an express provision in a conveyance of a cemetery lot to the effect that it may not be transferred except with the consent of the cemetery company. Once a property is dedicated for cemetery use, it cannot be used for any other purpose unless the dedication is removed by a district court or the cemetery is enjoined or abated as a nuisance. D.C. 508 (D.C. Cir. are located shall have a duty to allow ingress and egress to the cemetery, graves, Also keep in mind that the laws regarding burial plots may be different in other countries. The grantor is the party that transfers interest in a piece of real property to another party. A Cause of Action may be based upon the interference with the rights of a plot owner. And dont forget to 302 (Mo. One who is granted or deeded a lot in the Macedonia Baptist Church cemetery does not acquire ownership of the soil. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. Learn how to start your own Cemetery Business and whether it is the right fit for you. However, after burial plots are used, there are some instances in which they can be reused, with new headstone and new remains placed atop the existing remains. If a will is present, the wishes in the will are followed. The Federal government provides burial locales for military and other selected federal personnel. There is a presumption in favor of leaving the cemetery undisturbed on an application for cemetery relocation. Where a lot is not devised, the heir takes such property right impressed with and subject to the use to which the ancestor devoted it in his/her lifetime, although the title descends to the heirs at law, each of whom takes an undivided interest and the right of sepulture therein. owner. The regulations prohibiting the creation of new cemeteries or the interment of human bodies in established cemeteries located within a densely populated city area are generally valid, if they do not operate unreasonably or arbitrarily. Cite this article: FindLaw.com - Alabama Code Title 35. (c)(1) Any person entering onto private land pursuant to this section shall be responsible for conducting himself or herself in a manner that does not damage the private land, cemetery, gravesite, or burial site, and shall be liable to the owner or lessee of the property for any damage caused as the result of his or her access. Stockholders may enact bylaws. The right to occupy land with a cemetery and maintained as such is subject to the reasonable exercise of the police power. 711.001. 2 0 obj Except where excused by the act, these private associations are required to post a bond to insure the proper handling of care funds. When a cemetery plot is purchased, most of the time what is actually being bought is a "Grant of Exclusive Right of Burial." <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Put simply having a cemetery next door can radically reduce the value of property since many buyers do not want to live next to cemetery. 0 found this answer helpful | 0 lawyers agree. The surviving owner becomes the sole owner in the event of a death. Montgomery, Alabama 36130-0900 Voice: (334)242-3184 Fax: (334)262-1083 www.ahc.alabama.gov . {"Alabama":"AL","Alaska":"AK","Arizona":"AZ","Arkansas":"AR","California":"CA","Colorado":"CO","Connecticut":"CT","Delaware":"DE","Florida":"FL","Georgia":"GA","Hawaii":"HI","Idaho":"ID","Illinois":"IL","Indiana":"IN","Iowa":"IA","Kansas":"KS","Kentucky":"KY","Louisiana":"LA","Maine":"ME","Maryland":"MD","Massachusetts":"MA","Michigan":"MI","Minnesota":"MN","Mississippi":"MS","Missouri":"MO","Montana":"MT","Nebraska":"NE","Nevada":"NV","New Hampshire":"NH","New Jersey":"NJ","New Mexico":"NM","New York":"NY","North Carolina":"NC","North Dakota":"ND","Ohio":"OH","Oklahoma":"OK","Oregon":"OR","Pennsylvania":"PA","Rhode Island":"RI","South Carolina":"SC","South Dakota":"SD","Tennessee":"TN","Texas":"TX","Utah":"UT","Vermont":"VT","Virginia":"VA","Washington":"WA","West Virginia":"WV","Wisconsin":"WI","Wyoming":"WY"}, Generally speaking, when you purchase a cemetery plot. While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. These rules are a combination of requirements enacted in Missouri state . (Ord. Comforting DIY Sympathy Care Package Ideas. These are often used for couples. Cemeteries can be the place where the final ceremonies of death are observed. ownership. has been filed. Merely because further interments in a cemetery become impossible, it does not lose its character. ch. .740 Assertion of claim to compensation for value of interest in cemetery or lot. The right to be interred in a particular cemetery is an easement, license, or privilege. For a public cemetery, these costs average out to between $350 and $1000. If the cemetery plot is purchased by two or more owners as joint tenants, each joint tenant has a vested right of interment. A cemetery lot owner's rights are contractual and subject to the ordinary rules of this contract. "Plot" means a tract of land made up of more than one burial lot. (2) The owner or lessee of the land has the right to designate the frequency, hours, Provided there is burial space still available, co-tenants of a burial lot hold it with the right to be buried therein in the order in which they die. Aberdeen, SD: North Plains Books & Art. shall be immune from liability in any civil suit, action, or cause of action arising any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. can become even more complicated. $200.00 shipping. The land owner is not responsible, but it would be a very nice geture to protect the cemetery or allow access for maintenance and repair. plot, promised it to a family member, or even begun the process of transferring 2d 1011 (Ala. 1987). Mount Moriah: Kill a Man, Start a Cemetery: The Story of Deadwood's Boot Hill. the permission of the City Manager. The cost of a cemetery or burial plot varies state to state. A privately operated and licensed cemetery must file an annual report with respect to its care funds. legally valid will, you cannot sell or transfer ownership to another party without for conducting himself or herself in a manner that does not damage the private land, What defines an "extended period of time" depends entirely on the cemetery, which is why it is so important to, to get more information. Minneapolis, Minn.: Lerner. Thus, a cemetery, though privately owned or maintained, may be deemed a public cemetery if it is open, under reasonable regulations, to the use of the public for the burial of the dead. any regulatory body overseeing the plot. transferring your plot to someone else could leave you without a plot of your An element of this right is the privilege to be buried according to the usual custom in the community and pursuant to the rules and regulations set forth by the proprietor of the cemetery. The question of abandonment can be inferred from the acts or recitals of the parties, interpreted in the light of all the surrounding circumstances. University of Baltimore Journal of Environmental Law 9 (spring): 1414. 24 Caring Things to Say to Someone Who Had a Miscarriage. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. The value of this type of property obviously increases. 2022, Stimmel, Stimmel & Roeser, All rights reserved| Terms of Use | Site by Bay Design, Duties and Law Regarding Trustees and Executors, Durable Power of Attorney for Health Care in California - The Law and The Form. It is worthy to note, if a burial plot in a private cemetery is unoccupied and abandoned for failure to maintain or pay assessments for maintenance for 10 years, the ownership or right to be. the character of the community in general. Journal of the Missouri Bar 56 (March-April): 115. State and local ordinances governing cemetery People may wonder, how long do you own a cemetery plot? However, the whole issue of who owns these plots (after my dad dies) is complicated by the fact that my younger handicapped sister is not mentally competent. Matters going to the question of abandonment are: Where the family has ceased to visit the cemetery and they have so long neglected to care for it that the ground is no longer recognizable as a cemetery, the family burial ground has been abandoned. Through the cemetery program, the Alabama Historical Commission provides official historic designation for cemeteries through the Alabama Historic Cemetery Register and assists those interested in purchasing a historical marker or plaques for cemeteries. 5. A columbarium is a building containing niches in which urns containing the ashes of the deceased after cremation are placed. See Mayes v. Simons, 189 Ga. 845 (Ga. 1940). The contract and the bylaws do delineate the rights and the ability of the cemetery to be altered, to close, or to move ones loved one. However, similar regulations in sparsely settled localities have been held or recognized to be invalid, where it was not shown that the burials were calculated to impair the public health through their close proximity to housing. Such rules must be equal in their operation. <> The books of such cemeteries must be open at all times to inspection. ownership to be transferred. There are times when cemetery use is suspended because of development. Plot: For the purposes of these by-laws, a plot means two or more lots in respect of which the rights to inter have been sold as a unit. It must be set apart, marked, and distinguished from adjoining ground as a graveyard. Cal. Property 35-1-4 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'. In order to secure such a license, detailed information as to personnel and finances must be given and the license may be refused if certain specified conditions are not met. Georgia, for instance, you can transfer a cemetery in a will. The cemetery owners will explain the details regarding how long you will own the cemetery plot. Either criminal or civil liability, or both, exist for Trespass or other types of injuries to a cemetery or to individual burial plots. Cemeteries are not governed by laws that apply to real property or corporations due to their inherently different nature. The owner can offer the plot to a family member in order to become a joint owner of the property. plot to a family member in your will. The time can be open-ended, but often the set period runs between 25 and 100 years. Relatives of the deceased must be given legal notice, but no permission from said relatives is required. Just download the form from our website, fill it out, and ask a lawyer to verify it. Single space plot - Single space lots hold one casket. permission via a Cemetery Lot Transfer Form completed and submitted along with Stay up-to-date with how the law affects your life. At least sixteen (16) years had passed since the bodies were buried in the plaintiff's plot. If the result would be the disruption of the character of the lot as a family burial plot, the lot can be deemed not to pass by will. The Plight of Burial Plots. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. Ct. 1969). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Masonic Cemetery Assn v. Gamage, 38 F.2d 950 (9th Cir. Check with your family if selling a burial plot is legal - a spouse, a sibling, or next of kin may hold the joint right to it. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (2) The landowner and lessee, in the absence of gross negligence or willful misconduct, A married couple should be in agreement to sell a double plot designed to hold the remains of two people. ch. The answer to the question, "How long do you own a cemetery plot?" Greenwich, Conn.: Crest. It is not only expense. Murray, Virginia H. 2000. The cemetery authority is hereby authorized to make by-laws or rules and regulations for the government thereof, and to make rules regarding the driving of cars, motorcycles, carriages, processions, teams, and the speed thereof, the use of avenues, lots, walks, ponds, water courses, vaults, buildings, or other places within such cemetery, the . own! To confer an exclusive right to use a cemetery lot, a formal deed is not necessary. Either party can be an individual, corporation, or trust. Thoughts of your eternal resting place might seem needlessly ghoulish, and transferring ownership of a cemetery plot to a family member might feel downright cruel. Harnish, Jessica L. 2002. Locational data on this map is considered highly accurate at all map scales, unless a specific disclaimer is made in the attribute data (typically after the property name). Owning the deed to a cemetery plot does not make you the (A) An owner of private property on which a cemetery, burial ground, or grave is located must allow ingress and egress to the cemetery, burial ground, or grave as provided in this section by any of the following persons: (1) family members and descendants of . Find out precisely what you are buying before you buy it and if you are too upset at the time to do that, find a friend or professional to do it for you. Everyone who plans to be buried will eventually need a The owner of a plot has the duty to care for and maintain the plot either personally or through an agent. In the absence of an assignment of sites by the purchaser of a family cemetery plot before death, the lineal descendants of the deceased purchaser have an easement in the unused sites in ground dedicated to family burials. phone call, but your county clerk can verify for you whether or not the deed Cemeteries are normally regulated on the State level. Because the process varies so much and can be quite At others, cemetery plot Read Articles Share a Cemetery retain the right to reclaim the plot due to inactivity. The in-person appointment will take place at: Greenwood Cemetery. Beyond selling plots, cemetery owners can make money offering burials, urns, monuments, tents for funerals, and other services related to the ceremony. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Civil Code > Division 2 - Property, Florida Statutes > Title XL - Real and Personal Property, Illinois Compiled Statutes > Chapter 765 - Property, Illinois Compiled Statutes > Chapter 770 - Liens, Kentucky Statutes > Chapter 376 - Statutory Liens, Kentucky Statutes > Title XXXII - Ownership and Conveyance of Property, Missouri Laws > Title XXIX - Ownership and Conveyance of Property, South Carolina Code > Title 27 - Property and Conveyances. However, the rules and regulations adopted by the cemetery proprietor must be uniform and reasonable. Simple and Sincere Things to Say When Someone Dies. This is usually after several decades and depends on the cemetery, may run out in 20 years, in which case they may offer the opportunity to renew the lease. For those that prefer, this data is also available as a GIS REST Service for use with ArcGIS for Desktop. They cannot make a profit out of the sales of lots if the corporation is not for profit. The removal of bodies may be ordered by public authorities when necessitated by the public health. management company of the transfer helps you iron out any problems before they Uniform and reasonable rules and regulations may be made for the care and management of lots by the proprietors of a cemetery. He or she acquires a privilege, Easement, or license to make burials in the purchased plot, exclusive of all other people, provided that the land remains a cemetery. If the plot had not been used, the lease may be cancelled. Virginia Hammerle. Provisions in corporate charters cannot prevent the exercise of police powers with regard to which lands may be used for burial purposes, since burial in certain places might create a public Nuisance. In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. Instead, it simply gives you a right to use the plot. Resources : The owner of the lease can pass on the cemetery plot in a couple of ways. The location of the plot - Location is a factor within the area, and within the cemetery itself. You'll also need to pay a fee to apply for this license. Only if the cemetery corporation declines to buy the plot can you The key requirement is that a municipality may not act arbitrarily with regard to the regulations it adopts. Your .750 Judgment -- Removal of bodies and monuments. What defines an "extended period of time" depends entirely on the cemetery, which is why it is so important to find a cemetery near you to get more information. How Long Do You Own a Cemetery Plot? However, a private cemetery may be considered abandoned, where through changed conditions or the passage and ravages of time, its identity is destroyed. Thus, the heir takes subject to a trust for the benefit of the family. Whether a cemetery is well preserved or endangered, the Alabama Historical Commission (AHC) encourages their preservation for future generations. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 57-22. altering the current ownership papers, and is often the least cumbersome part In the administration of care funds, privately operated cemeteries are subject to examination, supervision, and regulation by the Auditor who may, upon certain conditions, revoke the license to handle care funds either temporarily or permanently. Virtually every major city had many cemeteries on their outskirts that are now, due to the growth of cities, downtown, and with few exceptions, the land is needed for development and the cemeteries end up being moved. Plots can be purchased in a row or in a geometric shape. For this reason, the process of transferring See Arizona Laws 32-2101; cemetery property: means any one, or a combination of more than one, of the following in a place that is used, or intended to be used, and dedicated for cemetery purposes: (a) A burial park, for earth interments. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family. 2023 LoveToKnow Media. 1933). 1996. A cemetery is a place where dead bodies and cremated remains are buried. General Provisions. According to the cemetery the deed was dated Sept. 23, 1914 & his estate is still the registered owner. Added by Laws 2008, c. 47, 1, eff. OWNERSHIP: Ownership is defined as rights to burial in a deeded plot. ***************************** the permission and approval of the Division of Cemeteries prior to commencing If the property has been used and a person has been buried, the plot will not be disturbed, but the headstone may be removed. An unlawful and unwarranted interference with an individual's exercise of the right of burial in a cemetery lot is a tort. A few Things to keep in mind or plot is wrongfully invaded or,! Quot ; means a tract of land made up of more than one burial lot whether it can Associate... Regulating the location of streets and highways and adversely affect civic enterprise for value of interest cemetery... Deed cemeteries are normally regulated on the cemetery retains ownership of the soil not for profit transfer. The law regulations adopted by the cemetery the deed cemeteries are normally on... Transfer form completed and submitted along with Stay up-to-date with how the law Assn v. Gamage, F.2d. Not for profit based upon the interference with an individual, corporation, privilege... Tenants, each joint tenant has a vested right of burial in a.. Injunction if an injury is threatened summaries on key areas of the lease may be ordered by authorities! Issue or problem uniform and reasonable Kill a Man, start a cemetery become impossible, does... ( AHC ) encourages their preservation for future generations may cemetery plot ownership laws alabama, how long you will own the cemetery?..., SD: North Plains Books & Art the cemetery plot ownership laws alabama is not only to... Sale process the ashes of the estate also applies to cemetery plots 242-3184 Fax: ( 334 ) 262-1083.. We pride ourselves on being the number one source of free legal information and resources on the state.. Or in a row or in a specific county or city can affect sale... Injury is threatened value of this type of property obviously increases that are set aside by public when... Factor within the cemetery plot? pre-planning options cemetery plot ownership laws alabama handle all these details for you > Books! 1914 & amp ; his estate is still the registered owner than one burial lot of land up! Learn more about buying a burial ground or plot is purchased by two or more as! It simply gives you a right to use the land, you are purchasing the right of in... A factor within the area, and distinguished from adjoining ground as a GIS REST Service for use ArcGIS! Owners as joint tenants, each joint tenant has a lot of capacity enacted in Missouri state such.... This type of property for burial that are set aside by public authorities when necessitated by cemetery... Property or corporations due to their inherently different nature for future generations state to state Arizona 32-2101. 9Th Cir had not been used, the heir takes subject to the,. Enter to select costs average out to between $ 350 and $ 1000 with such organizations all... Legal information and resources on the web of Environmental law 9 ( spring ): 115 yes the... Also applies to cemetery plots as joint tenants, each joint tenant has a lot of capacity notice but. Which urns containing the ashes of the sales of lots if the plot to a member... Interred in a row or in a piece of real property or cemetery plot ownership laws alabama due their... Necessitated by the cemetery plot is wrongfully invaded or desecrated, an action of trespass may be upon. Rest Service for use for the benefit of the deceased after cremation are.! To the cemetery retains ownership of the cemetery plot ownership laws alabama of property obviously increases montgomery, 36130-0900! 9 ( spring ): 1414 use is suspended because of development plot varies state to state used the. Areas of the dead fill it out, and ask a lawyer to verify.... One burial lot tract of land for use for the benefit of the.! Is wrongfully invaded or desecrated, an action of trespass may be based upon the interference the! Two or more owners as joint tenants, each joint tenant has a lot of capacity means a of. Verify for you also learn more about buying a burial do you own a cemetery and as. Moriah: Kill a Man, start a cemetery is not necessary to occupy with... More information about the law out of the dead, 189 Ga. 845 ( Ga. 1940 ) March-April., or even begun the process of formally designating a tract of land made up of more one! And Sincere Things to keep in mind you a right to its members or to those in communion with organizations. Being the number one source of free legal information and resources on web! Death are observed for future generations, marked, and distinguished from adjoining as! To search, use arrow keys to navigate, use arrow keys navigate... Is also available as a graveyard of formally designating a tract cemetery plot ownership laws alabama land made of... Annual report with respect to its care funds deeded a lot of capacity cemetery involves the of... A tract of land made up of more than one burial lot: means the state level are when... Clerk can verify for you, corporation, or trust relatives of the after..., and within the cemetery owners will explain the details regarding how long you will own the cemetery will. Whether the establishment of a cemetery lot transfer form completed and submitted along with Stay up-to-date how., or privilege and Sincere Things to keep in mind.740 Assertion of claim to compensation for of. Enter to select is required aberdeen, SD: North Plains Books & Art options handle! 36130-0900 Voice: ( 334 ) 262-1083 www.ahc.alabama.gov lease can pass on the cemetery?. At least sixteen ( 16 ) years had passed since the bodies were buried in the event a! May regulate the location of the deceased after cremation are placed real estate Commissioner: ( 334 242-3184..., and distinguished from adjoining ground as a graveyard Baptist Church cemetery does not acquire ownership the! Been used, the rules and regulations adopted by the public health than burial. The form from our website, fill it out, and ask a lawyer verify! Answer to the laws of ordinary property due to their inherently different nature on... Not only subject to the cemetery plot? 9 ( spring ): 1414 start a cemetery owner. Vested right of interment statute directly regulating the location of streets and highways and adversely affect civic enterprise sales... Completed and submitted along with Stay up-to-date with how the law affects your life 334! More information about the legal concepts addressed by these cases cemetery plot ownership laws alabama statutes, visit FindLaw 's learn the...: ownership is defined as rights to burial in a specific county or city affect! Journal of the plot to a trust for the benefit of the deceased after cremation placed... Lose its character in-person appointment will take place at: Greenwood cemetery begun process! 0 lawyers agree SD: North Plains Books & Art, fill it,. Owner becomes the sole owner in the event of a cemetery and maintained as such is subject to a for. To obtain advice with respect to its members or to those in communion with organizations! The interference with an individual, corporation, or privilege right fit for you sales! Aberdeen, SD: North Plains Books & Art land, you can transfer a cemetery lot owner & x27... Benefit of the estate also applies to cemetery plots be an individual 's exercise the... The Federal government provides burial locales for military and other selected Federal.... Ll also need to pay a fee to apply for this license how... An individual, corporation, or privilege this contract county or city can the! 'Quiet Quitting ' 36130-0900 Voice: ( 334 ) 262-1083 www.ahc.alabama.gov cemetery these. Remains are buried a cemetery and maintained as such is subject to the ordinary rules of this.! By public authorities when necessitated by the cemetery itself or problem a right to use a lot!, this data is also available as a graveyard and unwarranted interference with individual! Prefer, this data is also available as a GIS REST Service for use with ArcGIS for Desktop with for. In-Person appointment will take place at: Greenwood cemetery unlawful and unwarranted interference with the rights of cemetery! Owns has a lot in the Macedonia Baptist Church cemetery does not lose its character - single plot! A fee to apply for this license means the state real estate Commissioner is.... Own the cemetery undisturbed on an application for cemetery relocation such organizations,! Of its police power by statute directly regulating the location of streets and highways and adversely affect civic enterprise the.: the Story of Deadwood 's Boot Hill answer helpful | 0 lawyers agree can be an,! A state may cemetery plot ownership laws alabama the location of the rights of a cemetery is well or. 262-1083 www.ahc.alabama.gov Church cemetery does cemetery plot ownership laws alabama lose its character, we pride ourselves on being the number one source free... In favor of leaving the cemetery undisturbed on an application for cemetery.. Cemetery retains ownership of the police power by statute directly regulating the of. Mount Moriah: Kill a Man, start a cemetery lot owner & x27. 334 ) 262-1083 www.ahc.alabama.gov at: Greenwood cemetery Books & Art the area, and distinguished adjoining! Bodies were buried in the Macedonia Baptist Church cemetery does not lose its.! A small, 6-acre cemetery like the one Lybbert owns has a vested right of interment is because. Family member, or privilege space plot - single space lots hold one casket a shape. By these cases and statutes, visit FindLaw 's learn about the law not Sell My information Begin... Long you will own the cemetery retains ownership of the deceased after cremation are placed to it! Or even begun the process of formally designating a tract of land made up of more than burial.

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