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Volume : 03 - Landlord-Tena...
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Chapter 097 - Rights and Duties Relating to Cem...
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift
Section 97.010 - Definitions.
Section 97.020 - Exemption of certain organizations and cemeteries from certain sections of chapter.
Section 97.030 - Vested rights not acquired.
Section 97.040 - Private family burial grounds.
Section 97.050
Section 97.055
Section 97.060
Section 97.065
Section 97.070
Section 97.080
Section 97.082 - Consent for certain autopsies; form.
Section 97.083
Section 97.084
Section 97.085
Section 97.090
Section 97.110 - Human remains not to be attached.
Section 97.120 - Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990.
Section 97.130 - Right to control disposition of remains; delegation.
Section 97.145 - Liability for failure to conform to written instrument directing control of remains.
Section 97.150 - Disposition of cremated remains; procedures; notice; limitations on liability of cemetery authority, crematory operator or funeral service provider.
Section 97.153 - Diagnostic or therapeutic radioisotopes in body.
Section 97.160 - Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures.
Section 97.170 - Disposition of unclaimed body of deceased person; rules.
Section 97.180 - Period within which body may not be used or dismembered.
Section 97.190 - Post-mortem examination of body.
Section 97.200 - Disposition of remains after use.
Section 97.210 - Exceptions to application of ORS 97.170 to 97.200; rules.
Section 97.220 - Disinterment.
Section 97.223 - Interment or temporary storage of human remains in case of natural disaster or other emergency.
Section 97.295
Section 97.300
Section 97.310 - Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.
Section 97.320 - Filing map or plat and declaration of dedication of land to cemetery purposes.
Section 97.330 - When dedication is complete.
Section 97.340 - Effect of dedication.
Section 97.350 - Dedication to cemetery purposes not invalid.
Section 97.360 - Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.
Section 97.370 - Fixing date of hearing; notice.
Section 97.380 - Hearing; order allowing replatting.
Section 97.390 - Assessment of benefits and damages.
Section 97.400 - Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties.
Section 97.410 - Right of adjacent lot owner upon vacation of way.
Section 97.420 - Effect of failure to object.
Section 97.430 - Declaration of exercise of police power and right of eminent domain.
Section 97.440 - Removal of dedication.
Section 97.445 - Vacating county interest in cemetery real property.
Section 97.450 - Discontinuance of cemetery and removal of remains and markers.
Section 97.460 - Requirements for establishment of cemetery or burial park.
Section 97.510 - Sale and conveyance of plots by cemetery authority.
Section 97.520 - Sale or offer to sell cemetery plot upon promise of resale at financial profit.
Section 97.530 - Commission, bonus or rebate for sale of plot or services.
Section 97.540 - Commission, bonus or rebate for recommendation of cemetery.
Section 97.550 - Plots are indivisible.
Section 97.560 - Presumption of sole ownership in grantee of plot.
Section 97.570 - Spouse has vested right of interment.
Section 97.580 - Divestiture of spouse’s right of interment.
Section 97.590 - Transfer of plot or right of interment.
Section 97.600 - Descent of plot.
Section 97.610 - Determining occupant of burial plot having co-owners.
Section 97.620 - Death of co-owner; authorization to use plot under directions of surviving owners.
Section 97.630 - Family plots; order of occupation.
Section 97.640 - Waiver or termination of vested right of interment.
Section 97.650 - Limitations upon vested right of interment.
Section 97.660 - Lands of cemetery or crematory corporation; exemption from execution, taxation and condemnation.
Section 97.665 - Revenues; restrictions on uses of revenue.
Section 97.670 - Selling land unsuited for burials.
Section 97.675 - Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone.
Section 97.680 - Recording plan; power to improve and regulate grounds.
Section 97.710 - Power of cemetery authority to make rules and regulations.
Section 97.720 - Record of interments and cremations; inspection.
Section 97.725 - Disposal of unclaimed burial spaces; notice; form of notice; claims.
Section 97.730 - Gifts and bequests in trust for cemeteries.
Section 97.740 - Definitions for ORS 97.740 to 97.760.
Section 97.745 - Prohibited acts; application; notice.
Section 97.750 - Permitted acts; notice.
Section 97.760 - Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees.
Section 97.772 - Definition of "historic cemetery."
Section 97.774 - Oregon Commission on Historic Cemeteries; terms.
Section 97.776 - Commission members; nominations.
Section 97.778 - Chairperson; quorum; meetings.
Section 97.780 - Duties.
Section 97.782 - Listing of historic cemeteries; form.
Section 97.784 - Executive secretary; support services.
Section 97.810 - Endowment care and nonendowed care cemeteries.
Section 97.813 - Standards of care for and public access to endowment care cemeteries; rules.
Section 97.820 - Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.
Section 97.823 - Prohibitions related to endowment care cemeteries.
Section 97.825 - Suits to enforce endowed care statutes; attorney fees.
Section 97.830 - Investment and reinvestment of principal of endowed care funds; use and application of income.
Section 97.835 - Limitation of duties and liability of trustee.
Section 97.840 - Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.
Section 97.843 - Endowment and special care funds are charitable.
Section 97.846 - Agreements for care.
Section 97.849 - Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery.
Section 97.850
Section 97.852 - Receivership of endowment care cemetery.
Section 97.860
Section 97.865 - Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.
Section 97.870 - Unused and uncared for portions of cemetery declared common nuisances.
Section 97.880 - Resolution declaring a nuisance.
Section 97.890 - Complaint.
Section 97.900 - Summons.
Section 97.910 - Disuse as prima facie evidence of abandonment.
Section 97.920 - Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.
Section 97.923 - Definitions for ORS 97.923 to 97.949.
Section 97.925 - Purpose.
Section 97.926 - Rulemaking authority.
Section 97.927 - Applicability of ORS 97.923 to 97.949.
Section 97.928 - Prohibitions.
Section 97.929 - Exceptions to ORS 97.923 to 97.949.
Section 97.930
Section 97.931 - Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties.
Section 97.933 - Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees.
Section 97.935 - Registration of master trustees; annual reports; rules; annual audits; fees.
Section 97.936 - Emergency orders of suspension or restriction.
Section 97.937 - Deposit of trust funds made by endowment care cemeteries.
Section 97.939 - Prearrangement or preconstruction sales contracts; contents; delivery.
Section 97.941 - Prearrangement or preconstruction trust fund deposits.
Section 97.942 - Appointment of receiver; criteria.
Section 97.943 - Distributions from prearrangement trust fund deposits.
Section 97.944 - Distributions from preconstruction trust fund deposits.
Section 97.945 - Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance.
Section 97.946 - Advertising and marketing prohibitions.
Section 97.947 - Examination of providers and master trustees by director; subpoena power; depositions.
Section 97.948 - Grounds for discipline by director for violation of ORS 97.923 to 97.949; suspension and revocation of certificate or registration; civil penalties; notification of board.
Section 97.949 - Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.
Section 97.951 - Short title.
Section 97.953 - Definitions for ORS 97.951 to 97.982.
Section 97.955 - Purpose of anatomical gift; persons authorized to make gift.
Section 97.957 - Methods of making anatomical gift before death of donor.
Section 97.959 - Revocation or amendment of anatomical gift by donor or agent or guardian of donor.
Section 97.961 - Refusal to make anatomical gift; effect of refusal.
Section 97.963 - Effect of making, amending or revoking anatomical gift.
Section 97.965 - Persons authorized to make anatomical gift of body or body part of decedent.
Section 97.966
Section 97.967 - Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.
Section 97.968
Section 97.969 - Authorized recipients of anatomical gifts; purposes for which gift may be used.
Section 97.970 - Search for document of anatomical gift or refusal; duty to send document or refusal to hospital.
Section 97.971 - Delivery of document of gift or refusal not required; right to examine.
Section 97.972 - Rights and duties of procurement organizations and others; authorized examinations.
Section 97.973 - Coordination of procurement and use of anatomical gifts.
Section 97.974 - Immunity of persons acting in accordance with ORS 97.951 to 97.982.
Section 97.975
Section 97.976 - Law governing validity of document of gift; presumption of validity.
Section 97.977 - Donor registry; duty of Department of Transportation to cooperate with donor registry.
Section 97.978 - Resolution of conflict between potential anatomical gift and advance directive.
Section 97.979 - Cooperation between medical examiner and procurement organization.
Section 97.980 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
Section 97.981 - Purchase or sale of body parts prohibited.
Section 97.982 - Alteration of document of anatomical gift prohibited.
Section 97.983 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 97.984 - Liability of executor who carries out anatomical gift.
Section 97.985 - Transplants not covered by implied warranty.
Section 97.987 - Department of Transportation use of federal moneys for cemetery care.
Section 97.990 - Penalties.
Section 97.992 - Penalties for ORS 97.937.
Section 97.994 - Penalties for ORS 97.931, 97.933, 97.941 and 97.943.