cemeteries purpose. cemetery not a “nuisance per se” grave vs. plot vs. lot vs. section (fs...

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Cemeteries Purpose

Author: mildred-cannon

Post on 24-Dec-2015




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  • Slide 1
  • Cemeteries Purpose
  • Slide 2
  • Cemetery Not a nuisance per se Grave vs. Plot vs. Lot vs. Section (FS Merchandising Glossary) 30-40 square feet Multiple-depth Depth requirements in NJ: 26:6.36 Does not apply to properly constructed private vaults
  • Slide 3
  • Establishment of Cemeteries Public: power of eminent domain Private: religious orders family plots
  • Slide 4
  • Regulation of Cemeteries police power interest of public welfare is paramount
  • Slide 5
  • Right to Bury not real estate subject to cemetery rules and regulations and statutes religious societies may impose special restrictions racial discrimination is not permitted (Civil Rights Act)
  • Slide 6
  • Sale and Encumbrance lot is inalienable subject to the cemeterys rules and regulations death of owner results in transfer of title to heirs may devise a cemetery lot by Will and Testament if no burials
  • Slide 7
  • Markers, Monuments, and Vaults personal property owners are entitled to protection from desecration regulated by the cemetery
  • Slide 8
  • Visitation in Cemeteries owner has a right to visit family/friends have free access cemetery must maintain ingress and egress FD has a right due to contractual obligation to the family
  • Slide 9
  • Criminal Offenses Most states make it a crime to desecrate a grave.
  • Slide 10
  • NJ Cemetery Law Title 8A Can be owned/operated by: VA Government Religious Organizations Cemetery Organization Cemeteries are tax-exempt Cemetery Board is part of the Division of Consumer Affairs
  • Slide 11
  • Exclusive Rights open and fill graves furnish equipment necessary for interment install flush memorials install foundations for markers set/seal vaults, crypts and niches prevent unauthorized interment regulate conduct of visitors
  • Slide 12
  • Cemeteries cannot: manufacture and sell monuments manufacture and sell burial vaults practice mortuary science Cemeteries must have a maintenance and preservation fund of $50,000.
  • Slide 13
  • Disinterment (Exhumation) the removal of a human corpse previously buried in the earth May be authorized for 2 reasons: public interest private interest Factors used by court to determine reasonable cause:
  • Slide 14
  • NJ Law for Disinterment 7 signatures required: Applicant surviving spouse and children owner of interment space cemetery representative funeral director registrar/health official issuing permit cemetery/crematory representative where body is being reinterred
  • Slide 15
  • Distribution of Permit 4 copies: White Canary (yellow) Pink Goldenrod
  • Slide 16
  • NJ Statutes 26:6-37 26:6-38 NJ Administrative Code: 13:44J-8.1 (multiple-depth grave) 13:44J-8.2 (additional interment) 13:44J-8.3 (photograph a disinterment) 13:44J-8.4 (temporary storage)