ORS 97.725
Disposal of unclaimed burial spaces

  • notice
  • form of notice
  • claims

(1)

As used in this section, “unclaimed burial space” means a burial space in a cemetery:

(a)

That has not been used for purposes of interment for at least 75 years by the record owner of the burial space or by a party claiming through the record owner of the burial space; and

(b)

For which the cemetery authority has no record of any verbal or written contact for a period of at least 75 years with the record owner of the burial space or with a party claiming through the record owner of the burial space.

(2)

Notwithstanding ORS 97.630 (Family plots) or 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien), a cemetery authority may dispose of unclaimed burial spaces as described in subsections (3) to (7) of this section.

(3)

The cemetery authority shall prepare an inventory describing the unclaimed burial spaces, including the purchase date and record owner of each unclaimed burial space as shown in the records of the cemetery.

(4)

The governing body of the cemetery authority shall adopt a predisposition resolution approving the inventory prepared under subsection (3) of this section and directing the officers of the cemetery authority to dispose of the unclaimed burial spaces as provided in this section.

(5)

The cemetery authority shall:

(a)

Send, by certified mail, return receipt requested, a notice containing a description of the unclaimed burial space and the address and telephone number of the cemetery authority, in substantially the form set forth in subsection (10) of this section, to the last-known address of the record owner of each unclaimed burial space described in the inventory and to the last-known address of any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces described in the inventory.

(b)

Post the notice for at least four weeks at the cemetery containing the unclaimed burial spaces in a place reasonably likely to provide notice to owners of the burial spaces.

(c)

Publish the notice in a newspaper of general circulation in the area of the cemetery authority for at least four successive weeks.

(d)

Provide notice by telephone and electronic mail, if telephone or electronic mail contact information is available, to the record owner of each unclaimed burial space and to any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces.

(6)

If, within 120 days after the date of the notice described in subsection (5) of this section, a person makes a claim with the cemetery presenting documentation that the person is the lawful owner or holds a security interest in an unclaimed burial space described in the inventory, the cemetery authority shall, during the 30 days following the expiration of the 120-day period described in this subsection:

(a)

Approve the claim and execute an instrument transferring the right of interment in the burial space to the claimant; or

(b)

Notify the claimant that the cemetery authority denies the claim.

(7)

If a cemetery authority denies a claim under subsection (6) of this section, the claimant may, within 30 days after the date of the denial, file a petition seeking return of the unclaimed burial space in the circuit court for the county in which the cemetery authority is located. If a petition is filed, the cemetery authority shall hold the unclaimed burial space until the court issues an order directing disposition of the unclaimed burial space. If the court grants the petition, the cemetery authority shall execute an instrument transferring the right of interment in the burial space to the claimant.

(8)

If, 120 days after the date of the notice described in subsection (5) of this section, no person has made a claim with the cemetery authority with regard to an unclaimed burial space described in the notice, or if the court denies with prejudice a petition filed under subsection (7) of this section, the governing body of the cemetery authority may adopt a resolution declaring the unclaimed burial space to be abandoned. Upon adoption of the resolution, title to an abandoned burial space passes to the cemetery authority free of any right, title, estate, lien or ownership interest held by any other person. The cemetery authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of this state or any political subdivision of this state whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the cemetery authority under this section.

(9)

If, within one year after adoption of a resolution under subsection (8) of this section, a person files a claim with the cemetery authority that presents proof satisfactory to the cemetery authority that the person’s ownership of or security interest in an abandoned burial space was extinguished by the resolution, the cemetery authority shall provide the claimant with a reasonably comparable burial space within 30 days after the claimant makes the claim.

(10)

The notice required by subsection (5) of this section must be in substantially the following form:

_________ (DATE)
_______________ (name of cemetery authority) has identified the following unclaimed burial spaces in ____________ (name of cemetery):
______________________
______________________
(Description of unclaimed burial spaces, including purchase date and record owner)
If you have any right, title, estate, lien or ownership interest in any of the unclaimed burial spaces described above, you must file a claim with (name of cemetery authority) within 120 days of the date of this notice or you will lose your interest in the unclaimed burial spaces described above.

[2012 c.33 §2]

Source: Section 97.725 — Disposal of unclaimed burial spaces; notice; form of notice; claims, https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html.

97.010
Definitions
97.020
Exemption of certain organizations and cemeteries from certain sections of chapter
97.030
Vested rights not acquired
97.040
Private family burial grounds
97.082
Consent for certain autopsies
97.110
Human remains not to be attached
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
97.130
Right to control disposition of remains
97.145
Liability for failure to conform to written instrument directing control of remains
97.150
Disposition of cremated remains
97.153
Diagnostic or therapeutic radioisotopes in body
97.160
Duty of hospital or sanitarium to notify before sending remains to undertaker
97.170
Disposition of unclaimed body of deceased person
97.180
Period within which body may not be used or dismembered
97.190
Post-mortem examination of body
97.200
Disposition of remains after use
97.210
Exceptions to application of ORS 97.170 to 97.200
97.220
Disinterment
97.223
Interment or temporary storage of human remains in case of natural disaster or other emergency
97.310
Survey and subdivision of land
97.320
Filing map or plat and declaration of dedication of land to cemetery purposes
97.330
When dedication is complete
97.340
Effect of dedication
97.350
Dedication to cemetery purposes not invalid
97.360
Resurvey and alteration in shape or size
97.370
Fixing date of hearing
97.380
Hearing
97.390
Assessment of benefits and damages
97.400
Disposal of newly created lots
97.410
Right of adjacent lot owner upon vacation of way
97.420
Effect of failure to object
97.430
Declaration of exercise of police power and right of eminent domain
97.440
Removal of dedication
97.445
Vacating county interest in cemetery real property
97.450
Discontinuance of cemetery and removal of remains and markers
97.460
Requirements for establishment of cemetery or burial park
97.510
Sale and conveyance of plots by cemetery authority
97.520
Sale or offer to sell cemetery plot upon promise of resale at financial profit
97.530
Commission, bonus or rebate for sale of plot or services
97.540
Commission, bonus or rebate for recommendation of cemetery
97.550
Plots are indivisible
97.560
Presumption of sole ownership in grantee of plot
97.570
Spouse has vested right of interment
97.580
Divestiture of spouse’s right of interment
97.590
Transfer of plot or right of interment
97.600
Descent of plot
97.610
Determining occupant of burial plot having co-owners
97.620
Death of co-owner
97.630
Family plots
97.640
Waiver or termination of vested right of interment
97.650
Limitations upon vested right of interment
97.660
Lands of cemetery, crematory or reduction corporation
97.665
Revenues
97.670
Selling land unsuited for burials
97.675
Burial lots or space
97.680
Recording plan
97.710
Power of cemetery authority to make rules and regulations
97.720
Record of interments, cremations and reductions
97.725
Disposal of unclaimed burial spaces
97.730
Gifts and bequests in trust for cemeteries
97.740
Definitions for ORS 97.740 to 97.760
97.745
Prohibited acts
97.750
Permitted acts
97.760
Civil action by Indian tribe or member
97.772
Definition of “historic cemetery.”
97.774
Oregon Commission on Historic Cemeteries
97.776
Commission members
97.778
Chairperson
97.780
Duties
97.782
Listing of historic cemeteries
97.784
Executive secretary
97.810
Endowment care and nonendowed care cemeteries
97.813
Standards of care for and public access to endowment care cemeteries
97.820
Placing cemetery under endowed care
97.823
Prohibitions related to endowment care cemeteries
97.825
Suits to enforce endowed care statutes
97.830
Investment and reinvestment of principal of endowed care funds
97.835
Limitation of duties and liability of trustee
97.840
Cemetery authority authorized to receive and hold gifts of property
97.843
Endowment and special care funds are charitable
97.846
Agreements for care
97.849
Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery
97.852
Receivership of endowment care cemetery
97.865
Application of ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870
Unused and uncared for portions of cemetery declared common nuisances
97.880
Resolution declaring a nuisance
97.890
Complaint
97.900
Summons
97.910
Disuse as prima facie evidence of abandonment
97.920
Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien
97.923
Definitions for ORS 97.923 to 97.949
97.925
Purpose
97.926
Rulemaking authority
97.927
Applicability of ORS 97.923 to 97.949
97.928
Prohibitions
97.929
Exceptions to ORS 97.923 to 97.949
97.931
Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
97.933
Certification of provider of prearrangement or preconstruction sales
97.935
Registration of master trustees
97.936
Emergency orders of suspension or restriction
97.937
Deposit of trust funds made by endowment care cemeteries
97.939
Prearrangement or preconstruction sales contracts
97.941
Prearrangement or preconstruction trust fund deposits
97.942
Appointment of receiver
97.943
Distributions from prearrangement trust fund deposits
97.944
Distributions from preconstruction trust fund deposits
97.945
Funeral and Cemetery Consumer Protection Trust Fund
97.946
Advertising and marketing prohibitions
97.947
Examination of providers and master trustees by director
97.948
Grounds for discipline by director for violation of ORS 97.923 to 97.949
97.949
Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949
97.951
Short title
97.953
Definitions for ORS 97.951 to 97.982
97.955
Purpose of anatomical gift
97.957
Methods of making anatomical gift before death of donor
97.959
Revocation or amendment of anatomical gift by donor or agent or guardian of donor
97.961
Refusal to make anatomical gift
97.963
Effect of making, amending or revoking anatomical gift
97.965
Persons authorized to make anatomical gift of body or body part of decedent
97.967
Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person
97.969
Authorized recipients of anatomical gifts
97.970
Search for document of anatomical gift or refusal
97.971
Delivery of document of gift or refusal not required
97.972
Rights and duties of procurement organizations and others
97.973
Coordination of procurement and use of anatomical gifts
97.974
Immunity of persons acting in accordance with ORS 97.951 to 97.982
97.976
Law governing validity of document of gift
97.977
Donor registry
97.978
Resolution of conflict between potential anatomical gift and advance directive
97.979
Cooperation between medical examiner and procurement organization
97.980
Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
97.981
Purchase or sale of body parts prohibited
97.982
Alteration of document of anatomical gift prohibited
97.983
Relation to Electronic Signatures in Global and National Commerce Act
97.984
Liability of executor who carries out anatomical gift
97.985
Transplants not covered by implied warranty
97.987
Department of Transportation use of federal moneys for cemetery care
97.990
Penalties
97.992
Penalties for ORS 97.937
97.994
Penalties for ORS 97.931, 97.933, 97.941 and 97.943
Green check means up to date. Up to date