ORS 97.852¹
Receivership of endowment care cemetery

(1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery:

(a) The Department of Consumer and Business Services;

(b) The district attorney of the county where the endowment care cemetery is located; or

(c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located.

(2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver:

(a) To ensure the orderly and proper conduct of an endowment care cemetery’s professional business and affairs during or after an administrative proceeding;

(b) To protect the public’s interest and rights in the business, premises or activities of the endowment care cemetery;

(c) Upon a showing of serious and repeated violations of ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) demonstrating an inability or unwillingness to comply with the provisions of ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien);

(d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien); or

(e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery.

(3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances.

(b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 §3]

Note: 97.852 (Receivership of endowment care cemetery) was added to and made a part of 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authoriza­tion from surviving spouse or next of kin, (1981) Vol 41, p 457

1 Legislative Counsel Committee, CHAPTER 97—Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors097.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 97, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano097.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information