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)