Chapter 381 Oregon Laws 1999

Session Law

AN ACT

SB 448

Relating to cemetery plats; amending ORS 97.310 and 97.380.

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

SECTION 1. ORS 97.310 is amended to read:

97.310. (1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall:

[(1)] (a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions and make a good and substantial map or plat showing them, with descriptive names or numbers. In all instances this shall be done in compliance with ORS 92.010 to 92.190 except that ORS 92.090 (2)(a) and (b) shall not be applicable to streets, alleys, ways and footpaths located wholly within a cemetery. [No plat shall be approved unless each lot has at least one adequate means of ingress and egress by an easement, avenue, street, alley, walk, driveway or park.]

[(2)] (b) In case of a mausoleum or columbarium, make a good substantial map or plat on which are delineated the sections, halls, rooms, corridors, elevation and other divisions, with descriptive names or numbers. In all instances this shall be done in compliance with the state building code.

(2) Every lot in a cemetery subdivision shall include an access easement across the lot for the benefit of adjacent lots. Designated areas between lots for the purpose of providing access to separate lots are not required to approve a subdivision under this section. A cemetery authority must disclose to a potential purchaser of a lot in the cemetery the existence of the access easement across the lot.

SECTION 2. ORS 97.380 is amended to read:

97.380. [(1)] At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and all objections thereto and, after a full hearing thereon, may allow the proposed change and replat in whole or in part. If the proposed change is allowed, either in whole or in part, an order allowing it shall be made providing that title to any new lot created by the alteration or vacation of any avenues, streets, alleys, driveways, walks or parks, or any part thereof, shall be vested in the owner of the fee of the part of the cemetery sought to be vacated in trust for burial purposes, or vested in any association which may be formed for the purpose of taking over the cemetery and operating and maintaining it in accordance with the provisions of ORS 97.400.

[(2) No such replat shall be approved unless each lot is left at least one adequate means of ingress and egress by an easement, avenue, street, alley, walk, driveway or park.]

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

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