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.

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Presentation transcript:

Cemeteries Purpose

Cemetery Not a “nuisance per se” Grave vs. Plot vs. Lot vs. Section (FS Merchandising Glossary) 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: White Canary (yellow) Pink Goldenrod

NJ Statutes 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)