ORS Chapter 97
Chapter 97 — Rightsand Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
2009 EDITION
CEMETERIES,HUMAN BODIES AND ANATOMICAL GIFTS
PROPERTYRIGHTS AND TRANSACTIONS
GENERALPROVISIONS
97.010 Definitions
97.020 Exemptionof certain organizations and cemeteries from certain sections of chapter
97.030 Vestedrights not acquired
97.040 Privatefamily burial grounds
AUTOPSIES
97.082 Consentfor certain autopsies; form
DISPOSITIONOF HUMAN BODIES
97.110 Humanremains not to be attached
97.120 Humanremains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
97.130 Rightto control disposition of remains; delegation
97.145 Liabilityfor failure to conform to written instrument directing control of remains
97.150 Dispositionof cremated remains; procedures; notice; actions against cemetery or funeralservice providers
97.153 Diagnosticor therapeutic radioisotopes in body
97.160 Dutyof hospital or sanitarium to notify before sending remains to undertaker;procedures
97.170 Dispositionof unclaimed body of deceased person; rules
97.180 Periodwithin which body may not be used
97.190 Post-mortemexamination of body
97.200 Dispositionof remains after educational use thereof
97.210 Exceptionsto application of ORS 97.170 to 97.200; rules
97.220 Disinterment
DEDICATIONTO CEMETERY PURPOSES; PLATTINGS
97.310 Surveyand subdivision of land; map or plat of mausoleum or columbarium; accesseasement
97.320 Filingmap or plat and declaration of dedication of land to cemetery purposes
97.330 Whendedication is complete
97.340 Effectof dedication
97.350 Dedicationto cemetery purposes not invalid
97.360 Resurveyand alteration in shape or size; vacation of streets, walks, driveways andparks and replatting into lots
97.370 Fixingdate of hearing; notice
97.380 Hearing;order allowing replatting
97.390 Assessmentof benefits and damages
97.400 Disposalof newly created lots; disposition and use of proceeds from sale; failure ofowner to perform duties
97.410 Rightof adjacent lot owner upon vacation of way
97.420 Effectof failure to object
97.430 Declarationof exercise of police power and right of eminent domain
97.440 Removalof dedication
97.445 Vacatingcounty interest in cemetery real property
97.450 Discontinuanceof cemetery and removal of remains and markers
97.460 Requirementsfor establishment of cemetery or burial park
SALESAND RIGHTS IN RESPECT OF CEMETERY PLOTS
97.510 Saleand conveyance of plots by cemetery authority
97.520 Saleor 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 Plotsare indivisible
97.560 Presumptionof sole ownership in grantee of plot
97.570 Spousehas vested right of interment
97.580 Divestitureof spouse’s right of interment
97.590 Transferof plot or right of interment
97.600 Descentof plot
97.610 Determiningoccupant of burial plot having co-owners
97.620 Deathof co-owner; authorization to use plot under directions of surviving owners
97.630 Familyplots; order of occupation
97.640 Waiveror termination of vested right of interment
97.650 Limitationsupon vested right of interment
CEMETERYMANAGEMENT
97.710 Powerof cemetery to make rules and regulations
97.720 Recordof interments and cremations; inspection
97.730 Giftsand bequests in trust for cemeteries
INDIANGRAVES AND PROTECTED OBJECTS
97.740 Definitionsfor ORS 97.740 to 97.760
97.745 Prohibitedacts; application; notice
97.750 Permittedacts; notice
97.760 Civilaction by Indian tribe or member; time for commencing action; venue; damages;attorney fees
OREGONCOMMISSION ON HISTORIC CEMETERIES
97.772 Definitionof “historic cemetery”
97.774 OregonCommission on Historic Cemeteries; terms
97.776 Commissionmembers; nominations
97.778 Chairperson;quorum; meetings
97.780 Duties
97.782 Listingof historic cemeteries; form
97.784 Executivesecretary; support services
CEMETERYCARE
97.810 Endowmentcare and nonendowed care cemeteries
97.820 Placingcemetery under endowed care; deposit; commingling endowment and special carefunds; trustee or custodian of fund
97.825 Suitsto enforce endowed care statutes; attorney fees
97.830 Investmentand reinvestment of principal of endowed care funds; use and application ofincome
97.835 Limitationof duties and liability of trustee
97.840 Cemeteryauthority authorized to receive and hold gifts of property; disposition ofgifts
97.850 Endowmentand special care funds are charitable
97.860 Agreementsfor care
97.865 Applicationof ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870 Unusedand uncared for portions of cemetery declared common nuisances
97.880 Resolutiondeclaring a nuisance
97.890 Complaint
97.900 Summons
97.910 Disuseas prima facie evidence of abandonment
97.920 Judgmentdeclaring nuisance, authorizing abatement and creating and foreclosing lien
PREARRANGEMENTSALES AND PRECONSTRUCTION SALES
97.923 Definitionsfor ORS 97.923 to 97.949
97.925 Purpose
97.926 Rulemakingauthority
97.927 Applicabilityof ORS 97.923 to 97.949
97.929 Exceptionsto ORS 97.923 to 97.949
97.931 Registrationof salesperson for endowment care cemeteries, preconstruction sales andprearrangement sales; rules; background check; civil penalties
97.933 Certificationof provider of prearrangement or preconstruction sales; annual reports; audits;fees
97.935 Registrationof master trustees; annual reports; annual audits; fees
97.936 Emergencyorders of suspension or restriction