cemeteries purpose. cemetery not a “nuisance per se” grave vs. plot vs. lot vs. section (fs...
TRANSCRIPT
Cemeteries
Purpose
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
Establishment of Cemeteries
• Public: “power of eminent domain”
• Private: religious orders family plots
Regulation of Cemeteries
• “police power”
• interest of public welfare is paramount
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)
Sale and Encumbrance
• lot is inalienable• subject to the cemetery’s 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
Markers, Monuments, and Vaults
• personal property
• owners are entitled to protection from desecration
• regulated by the cemetery
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
Criminal Offenses
• Most states make it a crime to desecrate a grave.
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
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
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.
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:
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
Distribution of Permit
• 4 copies:WhiteCanary (yellow)PinkGoldenrod
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)