2017 ORS 226.640¹
Issuance of permit to restore, maintain and preserve abandoned cemetery
  • rules

(1) The State Parks and Recreation Department may issue a permit to an entity to restore, maintain and preserve an abandoned cemetery.

(2) An entity issued a permit under subsections (1) to (5) of this section may:

(a) Restore, maintain and preserve the grounds of the abandoned cemetery;

(b) Take custody, for the time during which the entity holds a valid permit, of documents relating to the abandoned cemetery for the purpose of restoration and preservation of those documents; and

(c) Establish a fund to collect donations for the restoration, maintenance and preservation of the abandoned cemetery.

(3) A permit issued under subsections (1) to (5) of this section does not authorize the permit holder to inter remains in the abandoned cemetery.

(4) An entity that holds a permit issued under subsections (1) to (5) of this section is not liable:

(a) For reasonable alterations made during restoration to memorials, roadways, walkways, plantings or other details or features of the abandoned cemetery.

(b) To a person who claims burial rights, ancestral ownership or an unrecorded claim to the abandoned cemetery.

(c) In contract or tort for personal injury, death or property damage that arises out of the use of the abandoned cemetery if the principal purpose for the use is for maintenance or visitation of the abandoned cemetery, or for similar activities. This paragraph does not limit the liability of an entity for intentional injury or damage.

(5) The department shall revoke a permit issued under subsections (1) to (5) of this section if the entity dissolves or otherwise ceases to exist.

(6) The department may adopt rules to carry out the provisions of subsections (1) to (5) of this section, including but not limited to:

(a) Establishment of a permit application and issuance process;

(b) Criteria to determine whether an entity is qualified to restore, maintain and preserve an abandoned cemetery;

(c) A process through which the department may communicate with a municipal corporation regarding a permit issued to restore, maintain and preserve an abandoned cemetery located within the boundaries of the municipal corporation;

(d) A method to determine whether an entity is dissolved or otherwise ceases to exist; and

(e) Other rules necessary to carry out the provisions of subsections (1) to (5) of this section. [2017 c.160 §§2,3]

1 Legislative Counsel Committee, CHAPTER 226—City Parks, Memorials and Cemeteries, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors226.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.