§ 46-15-12 - Cemeteries affecting water supply.
SECTION 46-15-12
§ 46-15-12 Cemeteries affecting watersupply. – (a) In the event that any sites, lands, or other property acquired by the boardpursuant to chapter 15.1 of this title, and/or in accordance with chapter 6 oftitle 37, as amended, for the purpose of constructing or maintaining areservoir or other terraneous or subterraneous supply, transmission, ordistribution of potable water, contain any burial ground, cemetery, historiccemetery, graves, or places of human burial, and if these places are to beflowed by water or are located so near to the reservoir or other water sourceas to be likely to pollute or reduce the quality or value of the waters as apotable water supply, the water resources board shall remove the remains foundin the burial places.
(b) The removal is to be under the direction of a qualifiedfuneral director and with the approval of the next of kin of the deceased, andat the expense of the water resources board. However, notwithstanding theforegoing, the board shall only be liable for those expenses associated withremoval of the remains and existing headstone, and transfer and reinterment ofthe remains within the state of Rhode Island. In the event that the next of kindesires to have the remains transported or reinterred outside of the boundariesof the state of Rhode Island, any and all expenses related to thetransportation and reinterment outside of the state of Rhode Island shall bethe responsibility of the next of kin.
(c) No cadaver or remains shall be removed by the waterresources board unless the water resources board shall give notice by certifiedmail to the nearest of kin known to the water resources board, and/or, in thecase where no kin is known to the water resources board, by advertising in oneor more daily newspapers having circulation within the town or city wherein thecemetery is located, at least once a week for three (3) successive weeks. Theadvertisement shall set forth the names of the deceased and the date of death,if the information is known or otherwise reasonably discernible from availablerecords, as well as, the present location of the cemetery or burial site.
(d) In the event that no kin is known or that the nearest ofkin shall neglect or refuse to approve the removal and reinterment, the waterresources board shall cause the cadavers or remains to be removed, transferred,and interred in such other cemetery in accordance with the laws, rules, andregulations of the religious denomination, if any shall be known orascertained, to which the deceased subscribed. The water resources board may,at its option, furnish a place or places for these burials, and may establish ageneral burial ground or grounds therefor, and may acquire by purchase orcondemnation any lands needed therefor. No general burial ground or groundsshall be established in any town without the prior approval of the town councilof the town of the location or locations thereof.