Chapter 237 Oregon Laws 2003

AN ACT

SB 243

Relating to discontinuance of cemeteries; amending ORS 97.440 and 97.450.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 97.440 is amended to read:

97.440. (1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes [unless and] until the dedication is removed from all or any part of it by an order and decree of the county court or board of county commissioners of the county in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court that [the following conditions exist]:

[(1)] (a) [That] The portion of the property from which dedication is sought to be removed is not being used for interment of human remains; or

(b) The Oregon Pioneer Cemetery Commission has received notice of and had the opportunity to comment on the removal from the dedicated property of all human remains and markers dated prior to February 14, 1909.

(2) [That] The notice of hearing [provided] required by [in] this section [shall] must:

(a) Be given by publication once a week for at least four consecutive weeks in a newspaper of general circulation in the county where the cemetery is located and by publication twice in a newspaper with statewide circulation;

(b) [By posting copies of the notice] Be posted in three conspicuous places on that portion of the property from which the dedication is to be removed[. The notice shall:];

[(a)] (c) Describe the portion of the cemetery property sought to be removed from dedication[.];

[(b)] (d) State that all remains and markers have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication[.]; and

[(c)] (e) Specify the time and place of the hearing.

SECTION 2. ORS 97.450 is amended to read:

97.450. (1)(a) Whenever any cemetery [which] that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such cemetery, [or such cemetery has been allowed to remain in a dilapidated condition for a period of five years or longer,] the governing body of any county, if the cemetery is owned by the county, or the corporate authorities of the city or town, if the cemetery is owned by the city or town, or the trustees or directors, if the cemetery is owned by an association or corporation, may order that such burial ground be discontinued, [cause] have the remains of all persons interred [therein] in the cemetery [to be] moved to some other suitable place and provide for the removal and reerection of all stones and monuments marking said graves. [However, such] Each removal [shall] must be made in an appropriate manner and in accordance with the directions of the Director of Human Services[, and].Prior to any removal authorized under this section, written notice [shall first] must be given to the family, or next of kin of the deceased, if known, and if unknown, notice of the removal shall be published for at least four successive weeks in a newspaper of general circulation in the county in which the cemetery is located and twice in a newspaper with statewide circulation.

(b) [Such] Any removal and the costs of the proceedings under this section shall be at the expense of the county, city or town, [party] individual, corporation or association owning the cemetery to be moved.

(2) Notwithstanding subsection (1)(a) of this section, a cemetery or burial ground containing human remains that were interred before February 14, 1909, may not be discontinued or declared abandoned or have remains removed from the burial ground or cemetery without prior notice to and comment by the Oregon Pioneer Cemetery Commission. When commenting on a request to discontinue or declare abandoned a cemetery or burial ground, the commission shall consider:

(a) The listing of the cemetery or burial ground under ORS 97.782;

(b) The historic significance of the cemetery or graves included in the request; and

(c) The findings of any archaeological survey of the cemetery or burial ground.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date January 1, 2004

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