§ 65-106. Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment expenses; due care required.
Part 4. Removal of Graves.
§ 65‑106. Removal ofgraves; who may disinter, move, and reinter; notice; certificate filed;reinterment expenses; due care required.
(a) The State of NorthCarolina and any of its agencies, public institutions, or political subdivisions,the United States of America or any agency thereof, any church, electric poweror lighting company, or any person, firm, or corporation may effect thedisinterment, removal, and reinterment of graves as follows:
(1) By the State ofNorth Carolina or any of its agencies, public institutions, or politicalsubdivisions, the United States of America or any agency thereof, when it shalldetermine and certify to the board of county commissioners in the county fromwhich the bodies are to be disinterred that such removal is reasonablynecessary to perform its governmental functions and the duties delegated to itby law.
(2) By any churchauthority in order to erect a new church, parish house, parsonage, or any otherfacility owned and operated exclusively by such church; in order to expand orenlarge an existing church facility; or better to care for and maintain gravesnot located in a regular cemetery for which such church has assumedresponsibility of care and custody.
(3) By an electric poweror lighting company when it owns land on which graves are located, and the landis to be used as a reservoir.
(4) By any person, firm,or corporation who owns land on which an abandoned cemetery is located afterfirst securing the consent of the governing body of the municipality or countyin which the abandoned cemetery is located.
(b) The party effectingthe disinterment, removal, and reinterment of a grave containing a decedent'sremains under the provisions of this Part shall, before disinterment, give 30days' written notice of such intention to the next of kin of the decedent, ifknown or subject to being ascertained by reasonable search and inquiry, andshall cause notice of such disinterment, removal, and reinterment to bepublished at least once per week for four successive weeks in a newspaper ofgeneral circulation in the county where such grave is located, and the firstpublication shall be not less than 30 days before disinterment. Any remainsdisinterred and removed hereunder shall be reinterred in a suitable cemetery.
(c) The party removingor causing the removal of all such graves shall, within 30 days aftercompletion of the removal and reinterment, file with the register of deeds ofthe county from which the graves were removed and with the register of deeds ofthe county in which reinterment is made, a written certificate of the removalfacts. Such certificate shall contain the full name, if known or reasonablyascertainable, of each decedent whose grave is moved, a precise description ofthe site from which such grave was removed, a precise description of the siteand specific location where the decedent's remains have been reinterred, thefull and correct name of the party effecting the removal, and a briefdescription of the statutory basis or bases upon which such removal orreinterment was effected. If the full name of any decedent cannot reasonably beascertained, the removing party shall set forth all additional reasonablyascertainable facts about the decedent including birth date, death date, andfamily name.
The fee for recordinginstruments in general, as provided in G.S. 161‑10(a)(1), for registeringa certificate of removal facts shall be paid to the register of deeds of eachcounty in which such certificate is filed for registration.
(d) All expenses ofdisinterment, removal, and acquisition of the new burial site and reintermentshall be borne by the party effecting such disinterment, removal, andreinterment, including the actual reasonable expense of one of the next of kinincurred in attending the same, not to exceed the sum of two hundred dollars($200.00).
(e) The Office of VitalRecords of North Carolina shall promulgate regulations affecting theregistration and indexing of the written certificate of the removal facts,including the form of that certificate.
(f) The partyeffecting the disinterment, removal, and reinterment of a decedent's remainsunder the provisions of this Part shall ensure that the site in whichreinterment is accomplished shall be of such suitable dimensions to accommodatethe remains of that decedent only and that such site shall be reasonablyaccessible to all relatives of that decedent, provided that the remains may bereinterred in a common grave where written consent is obtained from the next ofkin. If under the authority of this Part, disinterment, removal, andreinterment are effected by the State of North Carolina or any of its agencies,public institutions, or political subdivisions, the United States of America orany agency thereof, any electric power or lighting company, then suchdisinterment, removal, and reinterment shall be performed by a funeral directorduly licensed as a "funeral director" or a "funeral servicelicensee" under the provisions of Article 13A of Chapter 90 of the GeneralStatutes.
(g) All disinterment,removal, and reinterment under the provisions of this Part shall be made underthe supervision and direction of the county board of commissioners or otherappropriate official, including the local health director, appointed by suchboard for the county where the disinterment, removal, and reinterment takeplace. If reinterment is effected in a county different from the county ofdisinterment with the consent of the next of kin of the deceased whose remainsare disinterred, then the disinterment and removal shall be made under thesupervision and direction of the county board of commissioners or otherappropriate official, including the local health director, appointed by suchboard for the county of the disinterment, and the reinterment shall be madeunder the supervision and direction of the county board of commissioners orother appropriate official, including the local health director, appointed bysuch board for the county of reinterment.
Due care shall be taken to dosaid work in a proper and decent manner, and, if necessary, to furnish suitablecoffins or boxes for reinterring such remains. Due care shall also be taken toremove, protect, and replace all tombstones or other markers, so as to leavesuch tombstones or other markers in as good condition as that prior todisinterment. Provided that in cases where the remains are to be moved to aperpetual care cemetery or other cemetery where upright tombstones are notpermitted, a suitable replacement marker shall be provided.
(h) Nothing containedin this Part shall be construed to grant or confer the power or authority ofeminent domain, or to impair the right of the next of kin of a decedent toremove or cause the removal, at his or their expense, of the remains or graveof such decedent. (1919,c. 245; C.S., ss. 5030, 5030(a); Ex. Sess. 1920, c. 46; 1927, c. 23, s. 1; c.175, s. 1; 1937, c. 3; 1947, cc. 168, 576; 1961, c. 457; 1963, c. 915, s. 1;1965, c. 71; 1971, c. 797, s. 1; 1977, c. 311, s. 1; 2001‑390, s. 3; 2007‑118,s. 1.)