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This entry was published on 2014-09-22
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SECTION 9
Removal of human remains from one cemetery of a religious corporation to another cemetery owned by it
Religious Corporations (RCO) CHAPTER 51, ARTICLE 2
§ 9. Removal of human remains from one cemetery of a religious
corporation to another cemetery owned by it. A religious corporation,
notwithstanding the restrictions contained in any conveyance or devise
to it, may remove the human remains buried in a cemetery owned by it, or
when such church corporation is situated within or outside of a city in
the grounds surrounding the church belonging to such corporation, to
another cemetery owned by it, or to a plot or lot acquired by it in any
other cemetery located in the same county, or in any town adjoining the
town or city in which the cemetery wherein such human remains are buried
is located, if the trustees thereof so determine, and if either
three-fourths of the members of such corporation, qualified to vote at
its corporate meetings, sign and acknowledge and cause to be recorded in
the office of the clerk of the county in which such cemetery or a part
thereof is situated, a written consent thereto, or if approval thereof
be given by the vote of three-fourths of those members of such
corporation qualified to vote, who shall be present and vote thereon, at
a corporate meeting of such corporation, specially called for that
purpose, a quorum of at least eight qualified voters being present.
Provided, however, that in lieu of such removal by such religious
corporation it shall be lawful for the surviving spouse or any heir of
any decedent, upon obtaining permission of the county court of the
county, or of the supreme court in the district, where the cemetery from
which the removal is proposed, is situated, at his own expense to cause
the removal of such remains and tombstones, monuments or other erections
and the reinterment of such remains and the replacement of such
tombstones, monuments or other erections in some other cemetery selected
by the applicant, the notice of which application for permission to be
given in the manner and to those designated by the court. But if such
corporation be a church, previous notice of the object of such meeting
shall be published once each week for at least four successive weeks in
a newspaper of the town, village or city in which the cemetery from
which the removal is proposed, is situated, or if no newspaper is
published therein, then in a newspaper designated by the county judge of
such county. Such removal shall be made in an appropriate manner and in
accordance with such directions as to the manner thereof, as may be
given by the board of health of the town, village or city in which the
cemetery from which the removal is made, is situated. All tombstones,
monuments or other erections at or upon any grave from which any remains
are removed, shall be properly replaced or raised at the grave where the
remains are reinterred. Such religious corporation may, in its
discretion, erect one or more tombstones, monuments or other suitable
markers appropriately inscribed as a memorial for all those decedents
whose remains shall not be found for removal or reinterment, but the
said religious corporation shall make a certificate setting forth an
exact copy of all inscriptions on each tombstone, monument, or other
erection which shall not be replaced or raised because of failure to
find remains for removal and reinterment, and shall file the same in the
cemetery office or in the office of the town or city clerk of the town
or city in which the cemetery from which removal is proposed, is
situated; all tombstones, monuments or other erections not so replaced
or raised shall be disposed of by such religious corporation as it shall
determine and such certificate, in addition to such inscriptions, shall
state the disposition so made.