1. Every owner of a cemetery shall keep the same in an orderly condition, and authority is conferred on the board of county commissioners of each county to make such rules as will carry out the intent of this section.

2. Except as otherwise provided in subsection 4, in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery is located or a relative of any person interred in a cemetery may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1. If the court finds that the owner of the cemetery has failed to keep the cemetery in an orderly condition, the court may:

(a) Order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition; or

(b) If the court also determines that continued ownership of the cemetery by the owner is not in accordance with the health, safety, comfort or welfare of the public, transfer title to the cemetery to the city or, if the cemetery is located in an unincorporated area of a county, the county in which the cemetery is located, if the city or county accepts such a transfer of title.

3. A city or county to which title of a cemetery is transferred pursuant to this section shall:

(a) Operate the cemetery;

(b) Lease the cemetery to a cemetery authority to operate the cemetery;

(c) Enter into a contract with a cemetery authority to operate the cemetery; or

(d) Transfer title of the cemetery to a nonprofit organization acting as the cemetery authority of the cemetery.

4. The provisions of subsection 2 do not apply to a cemetery owned by a city or county.

[3:166:1913; 1919 RL p. 2644; NCL § 977] — (NRS A 2017, 328)