-->
Site hosted by Angelfire.com: Build your free website today!


Contact | Home Page | News | Blog | Volunteer



Promoting awareness is the first step to preservation

 

Bookmark and Share

Search wiki files on this site powered by FreeFind

Louisiana Cemetery Law - Revised Statutes Title 8 Cemeteries RS 8.0 - RS 8:308


Louisiana Title 8 - Justia.com - RS 8.0 - RS 8:906

From the internet July 6,  2008

*******Louisiana Cemetery Preservation Act******* 2010

Louisiana Cemetery Law

Title 8 Cemeteries RS 8 - 8:308

Files available on the Wiki

RS 8 - 8:124    ( 1 of 2 pages) la_cemlaw1.txt

RS 8:131 - RS 8:308  ( 2 of 2 pages)   la_cemlaw2.txt

Local Parish and State Contacts - abandoned, neglected, unknown graves and cemeteries require 72 hour reporting to authorities.

Louisiana Cemetery Board - Active cemeteries are those accepting burials are under the LCB. LCB hosts AG Opinions on cemeteries. [*New]

RS 8

http://www.legis.state.la.us/lss/lss.asp?doc=106324

TITLE 8.  CEMETERIES

RS 8:1

http://www.legis.state.la.us/lss/lss.asp?doc=106325

TITLE 8

CEMETERIES

CHAPTER 1.  DEFINITIONS

§1.  Definitions

As used in this Title the following words and phrases, unless the context otherwise clearly indicates, shall have the meaning hereinafter ascribed to each:

(1)  "Board" means the Louisiana Cemetery Board.

(2)  "Burial" means the placement of human remains in a grave.

(3)  "Burial vault" means a casket container placed in a grave for the purpose of burying human remains.

(4)  "Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes.

(5)  "Care", "endowed care" or "perpetual care" means the maintenance, repair and care of all places where interments have been or are to be made, including the improvements thereon, in keeping with a well maintained cemetery, and general overhead expense necessary for such purposes.

(6)  "Care funds", as distinguished from receipts from annual charges or gifts for current or annual care, means any cash or cash equivalent impressed with a trust by the terms of any gift, grant, contribution, payment, devise, or bequest, or pursuant to contract, accepted by any cemetery authority owning, operating, controlling, or managing a privately operated cemetery, or by any trustee or licensee, agent or custodian for the same, under R.S. 8:454(B), and the amounts set aside under R.S. 8:454(A) and R.S. 8:454.1(C), and any income accumulated therefrom, where legally so directed by the terms of the transaction by which the principal is established.  The term "care funds" includes both general and special care funds.

(7)  "Cemetery" means a place used or intended to be used for the interment of the human dead.  It includes a burial park, for earth interments; or a mausoleum, for vault or crypt interments; or a columbarium, or scattering garden, for cinerary interments; or a combination of one or more of these.

(8)  Blank

(9)  "Cemetery authority" means any person, firm, corporation, limited liability company, trustee, partnership, association or municipality owning, operating, controlling or managing a cemetery or holding lands within this state for interment purposes.

(10)  "Cemetery business" and "cemetery purposes" mean any and all business and purposes requisite to, necessary for, or incident to establishing, maintaining, operating, improving or conducting a cemetery, interring human remains, and the care, preservation and embellishment of a cemetery.

(11)  "Cemetery sales organization" means any legal entity contracting as an independent contractor with a cemetery authority to conduct sales of one or more cemetery spaces, whether by deed, servitude, grant of right to use or otherwise, and/or cemetery products.  It does not mean individual salesmen or sales managers employed by and contracting directly with cemetery authorities operating under this law, nor does it mean funeral establishments or funeral directors operating under licenses authorized by R.S. 37:831, et seq., when dealing directly with a cemetery authority, with members of the family of a deceased person or other persons authorized by law to arrange for the funeral and/or interment of such deceased human being, or with an individual negotiating the sale of cemetery property as a part of his or her pre-need arrangements under Chapter 6 hereof.

(12)  "Cemetery space" means a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains.

(13)  "Cemetery management organization" means a legal entity contracting as an independent contractor with a cemetery authority to manage a cemetery, but does not mean individual managers employed by or contracting directly with cemetery authorities operating under this title.

(13.1)  "Columbarium" means a building or a structure, room or other space in a building or structure containing niches for permanent inurnment of cremated remains in a place used or intended to be used, and dedicated, for cemetery purposes.

(14)  "Community cemetery" means a cemetery owned, operated, controlled or managed by any association or organization, in which the sale of lots, graves, crypts, vaults, or niches is restricted principally to individuals within a community.

(14.1)  "Corporation" means any corporation or limited liability company now or hereafter organized, which is or may be authorized by its articles or operating agreement to conduct any one or more of the businesses of a cemetery.

(15)  "Cremated remains" means human remains after cremation in a crematory.

(16)  "Cremation" means the reduction of the body of a deceased person to cremated remains in a crematory.

(17)  "Crematory" means a building or structure containing one or more retorts for the reduction of bodies of deceased persons to cremated remains.

(18)  "Crematory and columbarium" means a building or structure containing both a crematory and columbarium.

(19)  "Crypt" or "vault" means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains.

(20)  "Directors" means the board of directors, board of trustees or other governing body of a cemetery authority, cemetery sales organization or cemetery management organization.

(21)  "Entombment" means the placement of human remains in a mausoleum.

(22)  "Family burial ground" means a cemetery in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage.

(23)  "Fraternal cemetery" means a cemetery owned, operated, controlled or managed by any fraternal organization or auxiliary organization thereof, in which the sale of lots, graves, crypts, vaults or niches is restricted principally to its members.

(24)  "Grave" means a space of ground in a cemetery, used or intended to be used, for burial.

(25)  "Human remains" means the body of a deceased person and includes the body in any stage of decomposition, as well as cremated remains.

(26)  "Interment" means the disposition of human remains by inurnment, scattering, entombment, or burial in a place used or intended to be used, and dedicated, for cemetery purposes.

(27)  "Inurnment" means placing cremated remains in an urn or other suitable container and placing it in a niche, crypt or vault in a place used or intended to be used, and dedicated, for cemetery purposes.

(28)  "Lawn crypts" means space for interment in preplaced chambers, or burial vaults, either side by side or multiple depth, covered by earth and/or sod and known also as below-ground crypts, westministers or turf top crypts.

(29)  "Lot" or "plot" means land in a cemetery used or intended to be used for the interment of human remains within a grave, mausoleum or lawn crypt or columbarium.

(30)  "Mausoleum" or "tomb" means a structure or building for the entombment of human remains in crypts or vaults in a place used or intended to be used, and dedicated, for cemetery purposes.

(31)  "Municipal cemetery" means a cemetery owned, operated, controlled or managed by a municipality or other political subdivision of the state, or instrumentality thereof authorized by law to own, operate or manage a cemetery.

(32)  "Niche" means a space in a columbarium used or intended to be used for inurnment of cremated human remains.

(33)  "Owner" means a person to whom the cemetery authority has transferred full title to or the right of use of and/or interment in any cemetery space and who appears as the title holder in the official records of the cemetery authority.

(34)  "Perpetual care cemetery" or "endowed care cemetery" means a cemetery wherein lots and other interment spaces are sold or transferred under the representation that the cemetery will receive perpetual or endowed care.

(35)  "Person" means an individual, corporation, limited liability company, partnership, joint venture, association, trust or any other legal entity.

(36)  "Privately owned cemetery" means any cemetery except a fraternal, municipal, or religious cemetery or a family burial ground.

(36.1)  "Rearrangement" or "reuse" means the act of removing and disposing of a previously interred casket and the gathering and placing of human remains in an alternative container within the same cemetery space in order to accommodate additional interments.

(37)  "Religious cemetery" means a cemetery that is owned, operated, controlled or managed by a recognized church, religious society, association or denomination, or by a cemetery authority or a corporation administering or through which is administered the temporalities of any recognized church, religious society, association or denomination.

(38)  "Sale" means the sale of the full title to any cemetery space or the sale of the right of use of and/or interment in any cemetery space.

(39)  "Temporary receiving vault" means a cemetery space used or intended to be used for the temporary placement of human remains.

(40)  "Trustee" means the separate legal entity designated as trustee of a cemetery care fund.

Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 1997, No. 921, §1; Acts 1999, No. 1199, §1; Acts 2001, No. 468, §1; Acts 2003, No. 1243, §1; Acts 2006, No. 609, §1.

RS 8:61

http://www.legis.state.la.us/lss/lss.asp?doc=106427

CHAPTER 2.  LOUISIANA CEMETERY BOARD

§61.  Cemetery board created; appointments; terms

A.  The Louisiana Cemetery Board is hereby created and shall be placed within the office of the governor.  The board shall consist of seven members appointed by the governor.  There shall be at least one member from each public service commission district existing at the time of the appointments and two members at large, who shall all be residents of Louisiana.  Any change in the total membership or district of the public service commission shall not affect the term of any duly appointed member, but subsequent appointments shall be made so as to conform with membership and districts of the commission existing at the time of the subsequent appointments.  The domicile of the board shall be in the parish of Jefferson.  A majority of the board members shall constitute a quorum for all meetings.

B.  Of the seven original members, five shall be appointed by the governor, at least one member from each public service commission district existing at the time of the appointments, from a list of ten nominees to be submitted by the Louisiana Cemeteries Association, Inc., not later than thirty days after July 31, 1974.  Of the seven original members, two members shall be appointed by the governor at large, and such at large members and their successors shall not have any direct or indirect interest in either the cemetery or funeral business.  Of the seven original members, the terms of the two members appointed at large shall expire January 1, 1976, the terms of two shall expire January 1, 1977, and the terms of three shall expire January 1, 1978.  Thereafter, appointments shall be for a four-year term, and in the case of a member who is selected from a particular public service commission district, the successor of said member shall be appointed from the same public service commission district from a list of two nominees to be submitted by the Louisiana Cemeteries Association, Inc. for each such successor to be appointed.  The said list of nominees shall be furnished to the governor not later than October thirty-first of each calendar year prior to the expiration of the term of such members.  Similarly, any vacancy on the board created through the resignation or death of an appointee from a particular public service commission district shall be filled by a successor from the same public service commission district whose name shall come from a list of two nominees to be furnished by the Louisiana Cemeteries Association, Inc., within thirty days after the creation of the vacancy.  Similarly, any vacancy on the board created through the resignation or death of a member at large shall be filled by the governor within thirty days after the creation of the vacancy.  Each appointment by the governor shall be submitted to the Senate for confirmation.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1; Acts 1991, No. 430, §1; Acts 2001, No. 8, §3, eff. July 1, 2001; Acts 2003, No. 774, §2.

RS 8:62

http://www.legis.state.la.us/lss/lss.asp?doc=106428

§62.  Qualifications of members

Except for the two members at large to be appointed by the governor, the remaining members of the board shall be appointed only from persons who have had, immediately preceding their appointment, a minimum of five consecutive years experience in this state in the active administrative management of a cemetery authority and at the time of their appointment shall have the actual and full authority of a president, vice president, secretary, treasurer, owner, director, officer, or general manager of a cemetery corporation or of a general manager of any other form of cemetery authority, and they shall hold office only so long as they continue in such active, actual, and authoritative capacity.  The five-year consecutive period shall be exclusive of time spent in the armed services.

Acts 1974, No. 417, §1; Acts 2001, No. 468, §1.

RS 8:63

http://www.legis.state.la.us/lss/lss.asp?doc=106429

§63.  Compensation; expenses

The members of the board shall receive no compensation but shall receive necessary traveling and other expenses directly related to the performance of their duties.

Acts 1974, No. 417, §1.

RS 8:64

http://www.legis.state.la.us/lss/lss.asp?doc=106430

§64.  Officers; administrative director; employees

The board shall elect a chairperson, vice chairperson, and such other officers as it shall determine, from among its members.  Each officer shall serve until his successor is elected and takes office.  It may employ, fix the salaries, and prescribe the duties of an administrative director and such clerical, technical, and other employees as are necessary to carry out its duties.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1.

RS 8:65

http://www.legis.state.la.us/lss/lss.asp?doc=106431

§65.  Meetings

The board shall meet at least twice a year and may meet at such other times as it may designate.  Meetings may be held at any place within this state.

Acts 1974, No. 417, §1.

RS 8:66

http://www.legis.state.la.us/lss/lss.asp?doc=106441

§66.  Administration and enforcement of law

The board shall enforce and administer the provisions of this title.

Acts 1974, No. 417, §1.

RS 8:67

http://www.legis.state.la.us/lss/lss.asp?doc=106445

§67.  Rules and regulations

The board may establish necessary rules and regulations for the administration and enforcement of this title and prescribe the form of statements and reports provided for herein, but such rules and regulations shall not be in conflict with or contrary to any of the provisions of this title or of R.S. 49:951, et seq.

Acts 1974, No. 417, §1.

RS 8:68

http://www.legis.state.la.us/lss/lss.asp?doc=106455

§68.  Hearings

In conducting hearings or other proceedings as authorized hereunder, the board shall comply with and have all authority granted to it under the provisions of R.S. 49:951, et seq.

Acts 1974, No. 417, §1.

RS 8:69

http://www.legis.state.la.us/lss/lss.asp?doc=106458

§69.  Actions to enforce law; attorney general; special counsel

The attorney general shall represent the board in all matters pertaining to the administration or enforcement of this Title, or both, except in those matters in which the board has employed special counsel.  The board shall fix the compensation of such special counsel.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1.

RS 8:69.1

http://www.legis.state.la.us/lss/lss.asp?doc=106459

§69.1.  Service of pleadings upon board

Upon commencement of any action wherein a person or cemetery authority is alleged to be operating or conducting a cemetery business is named defendant1 the plaintiff's attorney shall mail a copy of the petition to the board within ten days of filing the action.

Added by Acts 1980, No. 428, §1.

1The language of this section appears as in the enrolled bill.

RS 8:70

http://www.legis.state.la.us/lss/lss.asp?doc=106460

§70.  Application for certificate of authority

The initial application for a certificate of authority, including without limitation an application for a new certificate required by R.S. 8:76, shall be made in writing by a cemetery authority to the board on a form prescribed by the board, accompanied by an application fee of five hundred dollars.  Applications for renewal of a valid, subsisting, and unsuspended certificate of authority shall be made in similar fashion, accompanied by the regulatory charge provided for in this Title.  All initial applications must show that the cemetery authority owns or is actively operating a cemetery which is subject to the provisions of this Title.

Acts 1974, No. 417, §1; Acts 1992, No. 105, §1; Acts 2003, No. 704, §1

RS 8:71

http://www.legis.state.la.us/lss/lss.asp?doc=106467

§71.  Proof of applicant's compliance with law, rules and regulations; financial responsibility and reputation

The board shall determine that the applicant and its officers, directors, owners, and managerial personnel are financially responsible, trustworthy, and have good personal and business reputations, in order that only cemeteries of permanent benefit to the community in which they are located will be established in this state.  The board may require such proof as it deems advisable concerning the compliance by such applicant with all the laws, rules, regulations, ordinances, and orders applicable to it.  If the board refuses to grant an applicant a certificate of authority, it shall inform the applicant in writing by registered or certified mail of the reasons therefor and the applicant shall be entitled to a hearing, if requested by the applicant in writing within thirty days of receipt of the denial.  The hearing shall be conducted in accordance with the provisions of the Administrative Procedures Act, R.S. 49:951, et seq.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1.

RS 8:72

http://www.legis.state.la.us/lss/lss.asp?doc=106468

§72.  Certificates; regulatory charges; suspension; restoration; late charge; requirement of certificate

A.  The regulatory charges for a certificate of authority at all periods of the year are the same as provided in this Chapter.  All regulatory charges shall be payable at the time of the filing of the application and prior to issuance of the certificate.  All certificates issued by the board shall be valid unless suspended or revoked by the board.  However, failure to pay the regulatory charge fixed by the board prior to the first day of February for any year shall effect the suspension of the certificate of authority, which may be restored upon payment of the prescribed charge, and an additional late charge of fifty percent of the amount of the prescribed regulatory charge or one hundred dollars, whichever is lesser.

B.  No person shall engage in the operation of or conduct a cemetery business, including but not limited to the sale of cemetery merchandise, lots, or other interment spaces, without a valid subsisting and unsuspended certificate of authority.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1; Acts 1997, No. 921, §1.

RS 8:73

http://www.legis.state.la.us/lss/lss.asp?doc=106469

§73.  Regulatory charges; rate

A.  Every cemetery authority shall pay, for each cemetery operated by it, an annual regulatory charge, as fixed by the board, of not more than five dollars for each interment, entombment, and inurnment made during the preceding full calendar year, but not less than twenty-five dollars for each cemetery.  Upon payment of said charges and compliance with the other provisions hereof and the rules and regulations of the board, the board shall issue a certificate of authority.

B.  The board may increase the regulatory charge specified in Subsection A of this Section to not more than eleven dollars to cover no more than the board's reasonable and ordinary expenses, including the cost of litigation.

Acts 1974, No. 417, §1; Acts 1992, No. 105, §1; Acts 2003, No. 704, §1.

RS 8:74

http://www.legis.state.la.us/lss/lss.asp?doc=106470

§74.  Sale or interment; certificate of authority; penalty

It shall be a misdemeanor for any person to operate or conduct a cemetery business without a valid, subsisting, and unsuspended certificate of authority.  Each sale, interment, or other act constituting the operation or conduct of a cemetery business shall be a separate violation, and for each violation there shall be a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than thirty days nor more than six months, or both.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1.

RS 8:75

http://www.legis.state.la.us/lss/lss.asp?doc=106471

§75.  Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders

A.  For violation of any provision of this Title, the board may refuse to grant, revoke, or suspend a certificate of authority and may institute legal proceedings to enjoin any person from operating or conducting a cemetery business.

B.  If the board finds that one or more grounds exist for the discretionary suspension or revocation of a certificate of authority issued under this Chapter, it may, in lieu of such suspension or revocation, impose a fine upon the certificate holder in an amount not to exceed one thousand dollars for each non-willful violation and in an amount not to exceed ten thousand dollars for each willful violation, plus cost of the court reporter and the attorney fees of the board.

C.  The board may grant not more than thirty days from the date of the order for the payment of any fine.

D.  The board may apply to a district court of the parish in which the cemetery is located for, and such court shall have the authority to issue such additional orders as may be necessary to protect the health, welfare, or safety of the public.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1; Acts 2001, No. 468, §1.

RS 8:76

http://www.legis.state.la.us/lss/lss.asp?doc=106472

§76.  Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge

A.  Within thirty days after the sale or transfer of ownership or control of a cemetery or cemetery authority, the transferor must return its certificate of authority to the board.  The transferee must file an application, within thirty days, after the sale or transfer of ownership or control of a cemetery authority, and meet all the requirements of this Chapter.  The application for a certificate of authority shall be accompanied by the prescribed regulatory charge.

B.  Transferees which fail to file an application for a certificate of authority at the time required herein shall, in addition to the prescribed regulatory charge, pay an additional late charge of fifty percent of the prescribed regulatory charge or one hundred dollars whichever is lesser.

C.(1)  Upon the filing of a completed application, the transferee may operate the business until its application is acted upon by the board.  The board shall issue a certificate of authority to the transferee upon the transferee's compliance with all of the provisions and requirements of this Chapter.

(2)  If the board refuses to grant the transferee a new certificate of authority, it shall inform the transferee in writing by registered or certified mail of the reasons therefor and the transferee shall be entitled to a hearing if requested within thirty days of receipt of the denial.  The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1; Acts 1997, No. 921, §1; Acts 2006, No. 609, §1.

RS 8:77

http://www.legis.state.la.us/lss/lss.asp?doc=106473

§77.  Cemetery fund

All monies received by the board shall be held by the treasurer of the board and shall be used to pay for services, machinery, equipment and supplies, travel and living expenses where necessary, and such other expenses as may be reasonably required in the orderly and efficient operation of the functions of the board.

Acts 1974, No. 417, §1.

RS 8:78

http://www.legis.state.la.us/lss/lss.asp?doc=106474

§78.  Exemptions

A.  The provisions of this Chapter shall not apply to family burial grounds, fraternal cemeteries, municipal cemeteries, community cemeteries, state cemeteries, federal cemeteries, or religious cemeteries that do not sell cemetery spaces, sell the right of use or interment in any cemetery space, or charge a maintenance fee per cemetery space for an amount in excess of three hundred dollars.

B.  The provisions of this Chapter shall not apply to community cemeteries owned and operated by nonprofit corporations in existence prior to January 1, 2007, whose officers and directors serve on a voluntary basis without compensation for their services.

C.  The provisions of this Chapter shall not apply to columbarium facilities owned and operated by churches for the interment of human remains.

Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2006, No. 669, §1.

RS 8:101

http://www.legis.state.la.us/lss/lss.asp?doc=106326

§101.  Municipal corporations; establishment and maintenance of cemeteries

The governing authority of any municipal corporation may acquire, establish and maintain one or more public cemeteries.

Acts 1974, No. 417, §1.

RS 8:102

http://www.legis.state.la.us/lss/lss.asp?doc=106327

§102.  Ordinance creating cemetery; location

A public cemetery may be established by an ordinance passed by the governing authority of the municipality.  However, no municipal cemetery shall be established at a greater distance than one mile from the limits of the municipality creating it.

Acts 1974, No. 417, §1.

RS 8:103

http://www.legis.state.la.us/lss/lss.asp?doc=106328

§103.  Anticipation of revenues; bonds or certificates; taxes

In order to provide a site or grounds and additions thereto and to provide and maintain streets, curbings, aisles, walkways, outside fences, drainage, and any building that may be needed for the use of a sexton or caretaker, as well as any electrical illumination needed, and to provide for the employment of a sexton or caretaker and the cutting of grass and the acquisition of and planting and care of trees, shrubbery and flowers, the governing authority of the municipality may either anticipate the revenues of the municipality or issue bonds or certificates based thereon as provided by law, or submit to the taxpayers at a special election to be called and held in the municipality by the governing authority, pursuant to the law, to vote negotiable bonds, within the limitations authorized by law, for any of the above purposes, and thereafter levy and collect taxes and pay and retire the bonds authorized at the election.

Acts 1974, No. 417, §1.

RS 8:104

http://www.legis.state.la.us/lss/lss.asp?doc=106329

§104.  Funds for support and improvement; special municipal election authorized

In order to maintain streets, aisles, walkways, outside fences, drainage, cut the grass, and plant and care for shrubbery and flowers in any cemetery title to which is in the public and under the control and management of any municipality, and in order to employ a caretaker or sexton for these purposes, including the care of the interment spaces therein, the governing authority of a municipality may call a special election to provide funds for any or all of these purposes.

Acts 1974, No. 417, §1.

RS 8:105

http://www.legis.state.la.us/lss/lss.asp?doc=106330

§105.  Maximum tax; use of proceeds

The special election may be for a sum not in excess of one mill on the dollar assessment on all real property subject to taxation, and may be held under the election laws relative to voting special taxes.  It shall not be necessary to fund the revenues into bonds, but revenues may be spent as received for the purposes herein set forth.

Acts 1974, No. 417, §1.

RS 8:106

http://www.legis.state.la.us/lss/lss.asp?doc=106331

§106.  Rules and regulations; sexton and other employees

The municipal governing authority may establish all rules and regulations deemed necessary for a public cemetery and may employ a sexton and other employees and fix and pay their compensation.

Acts 1974, No. 417, §1

RS 8:107

http://www.legis.state.la.us/lss/lss.asp?doc=106332

§107.  Gifts, donations and contributions

The municipal governing authority may accept gifts for purposes of establishing and/or maintaining a public cemetery, provided there is no condition thereto inconsistent with the purposes herein set forth.

Acts 1974, No. 417, §1.

RS 8:108

http://www.legis.state.la.us/lss/lss.asp?doc=106333

§108.  Expropriation

A municipal governing authority may expropriate private property, in accordance with law, for the purpose of providing public burial grounds or cemeteries.

Acts 1974, No. 417, §1.

RS 8:109

http://www.legis.state.la.us/lss/lss.asp?doc=106334

§109.  Lots, plots, or burial spaces; permits for interment; sale

A municipal governing authority may establish lots, plots or interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to the public, at terms fixed by the governing authority, to be used and maintained exclusively for such purposes and subject to the laws of this state and ordinances of the municipality governing public cemeteries.

Acts 1974, No. 417, §1.

RS 8:110

http://www.legis.state.la.us/lss/lss.asp?doc=106335

§110.  Contract to assure proper care; maintenance; and control

A municipal governing authority may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such a period of time as will, in the discretion of the municipal governing authority, assure the proper care, maintenance and control of the public cemeteries.

Acts 1974, No. 417, §1.

RS 8:111

http://www.legis.state.la.us/lss/lss.asp?doc=106336

§111.  Roads and drainage; parishes may provide

The governing authority of each parish and municipal corporation in this state is authorized and directed to construct and maintain the necessary roads or streets and to provide for proper drainage in all cemeteries which are publicly owned within the parish or municipality.

Acts 1974, No. 417, §1.

RS 8:112

http://www.legis.state.la.us/lss/lss.asp?doc=106337

§112.  Expropriation of abandoned private cemeteries

Whenever the governing authority of any municipal corporation or parish determines that a private cemetery within its jurisdiction is not being used or maintained and is in fact abandoned or that there is no longer in existence any person or legal entity with the legal authority to operate, control, or manage an existing cemetery, it may judicially expropriate the cemetery and thereafter operate and maintain the cemetery as a public cemetery and make expenditures necessary for the acquisition, operation, and maintenance thereof.

Acts 1974, No. 417, §1.  Acts 1984, No. 646, §1.

RS 8:113

http://www.legis.state.la.us/lss/lss.asp?doc=106338

§113.  Powers of parish governing authorities

All the powers and authority granted to municipal corporations under this Chapter shall be granted to and may be exercised by any parish governing authority.

Acts 1986, No. 330, §1.

RS 8:114

http://www.legis.state.la.us/lss/lss.asp?doc=106339

§114.  Publicly owned cemeteries; mandatory trust accounts

A.  Funds received by a municipality for a publicly owned cemetery shall be deposited immediately into a trust account and shall be used by a municipality only for the purposes of constructing, operating, or maintaining a publicly owned cemetery within that municipality.

B.  If a municipality desires to use such funds for a purpose other than the purposes provided for in Subsection A of this Section, the municipality shall submit the measure to the electorate of the municipality in a special election called for that purpose.

Acts 1997, No. 196, §1.

RS 8:121

http://www.legis.state.la.us/lss/lss.asp?doc=106340

§121.  St. Mary Parish Cemetery District; creation; location

The St. Mary Parish Police Jury is hereby authorized to create a Public Cemetery District composed of that part of Police Jury District 3 lying outside of the incorporated municipality of Patterson, that part of Police Jury District 5 lying outside of 1980 Census Enumeration Districts 150T, 150U, and 151, and Police Jury District 4 of St. Mary Parish.  The objective and purpose of the St. Mary Parish Cemetery District created under the provisions of this Chapter shall be the acquisition, establishment, operation, and maintenance of one or more public cemeteries within the district.

Acts 1982, No. 296, §1.

RS 8:122

http://www.legis.state.la.us/lss/lss.asp?doc=106341

§122.  Board, qualification of members; appointment; vacancies; removal of members; officers

A.  The St. Mary Parish Cemetery District shall be governed by a board of five commissioners, hereinafter referred to as the board, who shall be qualified voters and residents of the district and who shall serve without compensation.  The board shall be appointed by the parish governing authority, one member to be from each of the following: the unincorporated area of Police Jury District 3, that part of Police Jury District 5 lying outside of 1980 Census Enumeration Districts 150T, 150U, and 151, the municipalities of Berwick and Morgan City, and the area of Bayou Vista.  Three of the initial commissioners so appointed shall serve for two years, two for four years, and one for five years.

B.  At the expiration of their respective terms of office, the successors to such initial appointees shall be appointed within thirty days for five-year terms.  Vacancies shall be filled in accordance with the provisions of Subsection A of this Section.  Any member of the board may be removed for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority.

C.  At its first meeting the board shall elect one of its members chairman and may, in its discretion, elect other officers from the membership.  Special meetings shall be held at such time and place as shall be specified by call of the chairman.

Added by Acts 1981, No. 862, §1.  Amended by Acts 1982, No. 296, §1.

RS 8:123

http://www.legis.state.la.us/lss/lss.asp?doc=106342

§123.  Corporate status; purpose; powers and duties

A.  The St. Mary Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation.  Said district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and object for which it is created.

B.  The district, through its board of commissioners, is hereby granted and shall have and may exercise all powers necessary or convenient for carrying out its purposes, including, but not limited to the following:

(1)  The board may acquire, establish, operate, and maintain one or more public cemeteries within the district.

(2)  The board may incur debt and contract obligations.

(3)  The board shall establish all rules and regulations deemed necessary for a public cemetery and may employ a sexton and other employees and fix and pay their compensation.

(4)  The board shall construct and maintain the necessary roads and streets and shall provide for proper drainage in all publicly owned cemeteries in the district.

(5)  The board may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such period of time as will, in the discretion of the board, assure the proper care, maintenance, and control of the cemeteries located in the district.

(6)  The board may establish lots, plots, or interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to the public at terms fixed by the board, to be used and maintained exclusively for such purposes and subject to the laws of this state and ordinances of the parish.

Added by Acts 1981, No. 862, §1.  Amended by Acts 1982, No. 296, §1.

RS 8:124

http://www.legis.state.la.us/lss/lss.asp?doc=106343

§124.  District as political subdivision; election imposing taxes, maximum tax; authority

The St. Mary Parish Cemetery District is hereby declared to be a political subdivision of the state.  For carrying out the purposes of the district as provided in this Chapter, under the provisions of the Louisiana Constitution the board, as the governing authority of the district, shall have the power to call an election which will be held at the next regularly scheduled election, subject to approval by the parish governing authority, for the purpose of imposing ad valorem millage taxes for direct use by the district.  At any election for the purpose of imposing such a tax, the proposition shall authorize a tax not in excess of three mills on the dollar assessment of all real property subject to taxation, and the election shall be held in accordance with the procedures enumerated in R.S. 39:781 et seq.  relative to voting for special taxes.  No such tax may be imposed unless a majority of the electors voting on the proposition approve said proposition.  The proceeds of any such tax shall be used exclusively for those public cemeteries within the district as created by this Chapter.

Added by Acts 1981, No. 862, §1.  Amended by Acts 1982, No. 296, §1.

see:   la_cemlaw2.txt

RS 8:131 - RS 8:308

RS 8:131

http://www.legis.state.la.us/lss/lss.asp?doc=106344

CHAPTER 3-B.  RAPIDES PARISH CEMETERY DISTRICT

§131.  Rapides Parish Cemetery District; creation; location

A.  The Rapides Parish Police Jury is hereby authorized to create the Rapides Parish Cemetery District, hereinafter referred to as the "district", to be composed of that part of Rapides Parish located outside the incorporated municipalities of the parish.  The objective and purpose of the district shall be the preservation and restoration of ancestral resting places, and abandoned or historic cemeteries, thereby preserving heritage and encouraging tourism.

B.  The Rapides Parish Cemetery District shall not have any jurisdiction with respect to privately maintained cemeteries, or association cemeteries which have perpetual care and are regulated by the Louisiana Cemetery Board.

Acts 1989, No. 11, §1.

RS 8:131

http://www.legis.state.la.us/lss/lss.asp?doc=106345

§131.1.  Board of commissioners; membership; appointment; vacancies; removal of members; officers

A.  The Rapides Parish Cemetery District shall be governed by a board of nine commissioners, hereinafter referred to as the board, who shall be qualified voters and residents of the district and who shall serve without compensation.  The police jury shall appoint one commissioner from each of the police jury districts.  Three of the initial commissioners so appointed shall serve for two years, three for three years, and three for four years.

B.  At the expiration of their respective terms of office, the successors to the initial terms shall be appointed, within sixty days thereof, for four-year terms.  Vacancies shall be filled in accordance with the provisions of Subsection A of this Section.  Any member of the board may be removed for cause and his appointment rescinded by two-thirds vote of the elected membership of the police jury.

C.  At its first meeting, the board shall elect one of its members chairman, and may, in its discretion, elect other officers from the membership.  Meetings shall be held at such time and place as shall be specified by call of the chairman.

Acts 1989, No. 11, §1.

RS 8:1312

http://www.legis.state.la.us/lss/lss.asp?doc=106346

§131.2.  Powers and duties of the board; grants; donations

The Rapides Parish Cemetery District, through its board of directors, shall have and may exercise all powers and duties necessary or convenient for carrying out its purposes, excepting the power of taxation.  These powers of the district shall include, but not be limited to, the power to secure federal, state, local, or private donations, or grants for the restoration of cemeteries, including the fencing of same.

Acts 1989, No. 11, §1.

RS 8:132

http://www.legis.state.la.us/lss/lss.asp?doc=106347

§132.  Grant Parish Cemetery District; creation; boundaries; purpose

The governing authority of Grant Parish is hereby authorized to create a public cemetery district to be designated as the Grant Parish Cemetery District, the boundaries of which shall be coterminous with the boundaries of Grant Parish.  The objective and purpose of the Grant Parish Cemetery District created under the provisions of this Chapter shall be the acquisition, establishment, operation, and maintenance of one or more public cemeteries within the district.

Acts 1989, No. 147, §1.

RS 8:1321

http://www.legis.state.la.us/lss/lss.asp?doc=106348

§132.1.  Board, qualification of members; appointment; vacancies; removal of members; officers

A.  The Grant Parish Cemetery District shall be governed by a board of five commissioners, hereinafter referred to as the "board", who shall be registered voters and residents of Grant Parish and who shall serve without compensation.  The board shall be appointed by the governing authority of Grant Parish.  Two of the initial commissioners so appointed shall serve for two years, two for four years, and one for five years.

B.  At the expiration of their respective initial terms of office, the successors to such initial appointees shall be appointed within thirty days for five-year terms.  Vacancies shall be filled in accordance with the provisions of Subsection A of this Section.  Any member of the board may be removed for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority.

C.  At its first meeting the board shall elect one of its members as chairman and may, in its discretion, elect other officers from the membership.  Special meetings shall be held at such time and place as shall be specified by call of the chairman.

Acts 1989, No. 147, §1.

RS 8:1322

http://www.legis.state.la.us/lss/lss.asp?doc=106349

§132.2.  Corporate status; powers and duties

A.  The Grant Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation.  The district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and object for which it is created.

B.  The district, through its board of commissioners, is hereby granted and shall have and may exercise all powers necessary or convenient for carrying out its purposes, including but not limited to the following:

(1)  The board may acquire, establish, operate, and maintain one or more public cemeteries within the district.  However, the board shall have no authority to expropriate property.

(2)  The board may incur debt and contract obligations.

(3)  The board may establish all rules and regulations it deems necessary for any public cemetery acquired, established, operated, or maintained by the district.

(4)  The board may employ a sexton and other employees and fix and pay their compensation.

(5)  The board may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such period of time as will, in the discretion of the board, assure the proper care, maintenance, and control of the public cemeteries located in the district.

(6)  The board may establish lots, plots, or any interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to the public at terms fixed by the board, to be used and maintained exclusively for such purposes and subject to the laws of this state and ordinances of the parish.

C.  The board shall construct and maintain the necessary roads and streets and shall provide for proper drainage in all public cemeteries in the district.  The board shall provide upkeep and maintenance for public cemeteries in the district.

D.  For purposes of this Chapter, a public cemetery shall include any cemetery owned by a municipality, by the parish, or by the district.

Acts 1989, No. 147, §1.

RS 8:1323

http://www.legis.state.la.us/lss/lss.asp?doc=106350

§132.3.  District as a political subdivision; election imposing taxes, maximum tax; authority

The Grant Parish Cemetery District shall be a political subdivision of the state.  For carrying out the purposes of the district as provided in this Chapter, under the provisions of the Constitution of Louisiana, the board, as the governing authority of the district, shall have the power to levy an ad valorem tax of not in excess of three mills on the dollar of assessed valuation on all immovable property in the district subject to taxation.  However, no such tax may be imposed unless a majority of the electors voting on a proposition to levy the tax approve the proposition.  The board shall have the authority to call an election, subject to approval by the parish governing authority, for the purpose of imposing such ad valorem taxes.  Any election for the purpose of imposing such a tax shall be held in accordance with Chapter 6-A of the Louisiana Election Code.  The tax, if authorized, shall be collected in the same manner and at the same time as ad valorem taxes on property subject to parish taxation are collected.  The proceeds of any such tax shall be used exclusively for those public cemeteries within the district.

Acts 1989, No. 147, §1.

RS 8:133

http://www.legis.state.la.us/lss/lss.asp?doc=106351

§133.  LaSalle Parish Cemetery District; creation; boundaries; purpose

The governing authority of LaSalle Parish is hereby authorized to create a public cemetery district to be designated as the LaSalle Parish Cemetery District, the boundaries of which shall be coterminous with the boundaries of LaSalle Parish.  The objective and purpose of the LaSalle Parish Cemetery District created under the provisions of this Chapter shall be the acquisition, establishment, operation, and maintenance of one or more public cemeteries within the district.

Acts 1989, No. 160, §1.

RS 8:1331

http://www.legis.state.la.us/lss/lss.asp?doc=106352

§133.1.  Board, qualification of members; appointment; vacancies; removal of members; officers

A.  The LaSalle Parish Cemetery District shall be governed by a board of five commissioners, hereinafter referred to as the "board", who shall be registered voters and residents of LaSalle Parish and who shall serve without compensation.  The board shall be appointed by the governing authority of LaSalle Parish.  Two of the initial commissioners so appointed shall serve for two years, two for four years, and one for five years.

B.  At the expiration of their respective initial terms of office, the successors to such initial appointees shall be appointed within thirty days for five-year terms.  Vacancies shall be filled in accordance with the provisions of Subsection A of this Section.  Any member of the board may be removed for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority.

C.  At its first meeting the board shall elect one of its members as chairman and may, in its discretion, elect other officers from the membership.  Special meetings shall be held at such time and place as shall be specified by call of the chairman.

Acts 1989, No. 160, §1.

RS 8:132

http://www.legis.state.la.us/lss/lss.asp?doc=106353

§133.2.  Corporate status; powers and duties

A.  The LaSalle Parish Cemetery District shall constitute a body corporate in law, with all the powers of a corporation.  The district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and object for which it is created.

B.  The district, through its board of commissioners, is hereby granted and shall have and may exercise all powers necessary or convenient for carrying out its purposes including but not limited to the following:

(1)  The board may acquire, establish, operate, and maintain one or more public cemeteries within the district.  However, the board shall have no authority to expropriate property.

(2)  The board may incur debt and contract obligations.

(3)  The board may establish all rules and regulations it deems necessary for any public cemetery acquired, established, operated, or maintained by the district.

(4)  The board may employ a sexton and other employees and fix and pay their compensation.

(5)  The board may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such period of time as will, in the discretion of the board, assure the proper care, maintenance, and control of the public cemeteries located in the district.

(6)  The board may establish lots, plots, or any interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to the public at terms fixed by the board, to be used and maintained exclusively for such purposes and subject to the laws of this state and ordinances of the parish.

C.  The board shall construct and maintain the necessary roads and streets and shall provide for proper drainage in all public cemeteries in the district.  The board shall provide upkeep and maintenance for public cemeteries in the district.

D.  For purposes of this Chapter, a public cemetery shall include any cemetery owned by a municipality, by the parish, or by the district.

Acts 1989, No. 160, §1.

RS 8:133

http://www.legis.state.la.us/lss/lss.asp?doc=106354

§133.3.  District as a political subdivision; election imposing taxes, maximum tax; authority

The LaSalle Parish Cemetery District shall be a political subdivision of the state.  For carrying out the purposes of the district as provided in this Chapter, under the provisions of the Constitution of Louisiana, the board, as the governing authority of the district, shall have the power to levy an ad valorem tax of not in excess of three mills on the dollar of assessed valuation on all immovable property in the district subject to taxation.  However, no such tax may be imposed unless a majority of the electors voting on a proposition to levy the tax approve the proposition.  The board shall have the authority to call an election, subject to approval by the parish governing authority, for the purpose of imposing such ad valorem taxes.  Any election for the purpose of imposing such a tax shall be held in accordance with Chapter 6-A of the Louisiana Election Code.  The tax, if authorized, shall be collected in the same manner and at the same time as ad valorem taxes on property subject to parish taxation are collected.  The proceeds of any such tax shall be used exclusively for those public cemeteries within the district.

Acts 1989, No. 160, §1.

RS 8:135

http://www.legis.state.la.us/lss/lss.asp?doc=180603

CHAPTER 3-E.  SWEET LAKE - GRAND LAKE COMMUNITY

CEMETERY DISTRICT OF CAMERON PARISH

§135.  Sweet Lake - Grand Lake Community Cemetery District; creation; boundaries; purpose

The governing authority of Cameron Parish is hereby authorized to create a public cemetery district to be designated as the Sweet Lake - Grand Lake Community Cemetery District, the boundaries of which shall be coterminous with the boundaries of the Cameron Parish Police Jury District No. Three, located in the communities of Sweet Lake and Grand Lake.  The objective and purpose of the Sweet Lake - Grand Lake Community Cemetery District created under the provisions of this Chapter shall be the acquisition, establishment, operation, and maintenance of one or more public cemeteries within the district.

Acts 2003, No. 541, §1.

RS 8:1351

http://www.legis.state.la.us/lss/lss.asp?doc=180605

§135.1.  Board, qualification of members; appointment; vacancies; removal of members; officers

A.  The Sweet Lake - Grand Lake Community Cemetery District shall be governed by a board of five commissioners, hereinafter referred to as the "board", who shall be qualified voters and residents of the district and who shall serve without compensation.  The board shall be appointed by the governing authority of Cameron Parish.  Two of the initial commissioners so appointed shall serve for two years, two for four years, and one for five years.

B.  At the expiration of their respective initial terms of office, the successors to such initial appointees shall be appointed within thirty days for five-year terms.  Vacancies shall be filled in accordance with the provisions of Subsection A of this Section.  Any member of the board may be removed for cause and his appointment rescinded by a two-thirds vote of the elected membership of the parish governing authority.

C.  At its first meeting the board shall elect one of its members as chairman and may, in its discretion, elect other officers from the membership.  Special meetings shall be held at such time and place as shall be specified by call of the chairman.

Acts 2003, No. 541, §1.

RS 8:1352

http://www.legis.state.la.us/lss/lss.asp?doc=180617

135.2.  Corporate status; powers and duties

A.  The Sweet Lake - Grand Lake Community Cemetery District shall constitute a body corporate in law, with all the powers of a corporation.  The district, through its board of commissioners, shall have the power and right to sue and be sued, and to do and perform any and all acts in its corporate capacity and in its corporate name which are necessary and proper for carrying out the purposes and object for which it is created.

B.  The district, through its board of commissioners, is hereby granted and shall have and may exercise all powers necessary or convenient for carrying out its purposes including but not limited to the following:

(1)  The board may acquire, establish, operate, and maintain one or more public cemeteries within the district.  However, the board shall have no authority to expropriate property.

(2)  The board may incur debt and contract obligations.

(3)  The board may establish all rules and regulations it deems necessary for any public cemetery acquired, established, operated, or maintained by the district.

(4)  The board may employ a sexton and other employees and fix and pay their compensation.

(5)  The board may contract with respect to any land acquired by it for cemetery purposes with any person on such terms and conditions and for such period of time as will, in the discretion of the board, assure the proper care, maintenance, and control of the public cemeteries located in the district.

(6)  The board may establish lots, plots, or any interment spaces within its public cemeteries and issue permits for the interment therein of deceased persons or sell any lot, plot, or interment space to the public at terms fixed by the board, to be used and maintained exclusively for such purposes and subject to the laws of this state and ordinances of the parish.

C.  The board shall construct and maintain the necessary roads and streets and shall provide for proper drainage in all public cemeteries in the district.  The board shall provide upkeep and maintenance for public cemeteries in the district.

D.  For purposes of this Chapter, a public cemetery shall include any cemetery owned by a municipality, by the parish, or by the district.

Acts 2003, No. 541, §1

RS 8:141

http://www.legis.state.la.us/lss/lss.asp?doc=180610

CHAPTER 3-F.  ST. LANDRY PARISH CEMETERY DISTRICT

§141.  St. Landry Parish Cemetery District; creation; boundaries; purpose

The governing authority of St. Landry Parish is hereby authorized to create the St. Landry Parish Cemetery District, hereinafter referred to as the "district", the boundaries of which shall be coterminous with the boundaries of St. Landry Parish.  The objective and purpose of the district created under the provisions of this Chapter shall be the acquisition, establishment, operation, and maintenance of one or more public cemeteries within the district.

Acts 2003, No. 499, §1.

RS 8:1411

http://www.legis.state.la.us/lss/lss.asp?doc=180641

§141.1.  Board; qualification of members; appointment; vacancies; officers

A.(1)  The registered voters of each police jury district in St. Landry Parish may propose the creation and implementation of cemetery districts in each police jury district in the parish.  Each such cemetery district shall become operative when the proponents of a petition proposing the creation of a district contains the signatures of at least twenty-five registered voters of the police jury district in St. Landry Parish and such petition is filed with the registrar of voters for St. Landry Parish.

(2)  If the registrar of voters determines that the required twenty-five electors have validly signed such petition for the creation of a cemetery district, he shall issue a certificate stating that the twenty-five or more electors residing in the proposed district have signed the petition and shall forward the petition to the governing authority of St. Landry Parish within fifteen days of receipt of the petition.

(3)  Within fifteen days of the presentation of the petition by the registrar of voters, the governing authority of St. Landry Parish shall appoint members to a steering committee which shall be a transition committee forming such cemetery commission.

(4)  Within fifteen days after the appointment of the steering committee, the steering committee shall submit names for commissioners from a list compiled from public meetings held to educate the public on the operation of the cemetery district and other related matters.  The governing authority of St. Landry Parish shall, within fifteen days, appoint the commissioners from the list of names from the steering committee.  The commission shall then be designated as the District Cemetery Commission.  The specific designation of the cemetery district shall correspond to the respective police jury district as established by the 2000 decennial census.

B.(1)  The boundaries of any such commission shall be coterminous with the boundaries of the respective police jury district when the commission is formed.

(2)  An area may be removed from a district if the board of commissioners for such district receives a petition signed by at least two-thirds of the registered voters for the parish.

C.  The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of _________ District Cemetery Commission of St. Landry Parish, hereinafter referred to as the "board".

D.(1)  The commissioners of each board shall be appointed by the governing authority of the parish of St. Landry.  The governing authority shall appoint members from a particular police jury district who shall be residents of such district.  The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.

(2)  Of the commissioners initially appointed, one-half shall serve for a term of two years and the remaining one-half shall serve for a term of four years.  The length of the term of each commissioner appointed shall be determined at the first meeting of the commission.

(3)  The commissioners shall serve until their successors have been appointed and qualified.

(4)  The terms of commissioners of the board appointed upon the expiration of the initial terms shall be four years, and upon expiration of a term of office, a successor shall be appointed as provided in this Section.

(5)  Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by the appointment as provided for in this Section for the unexpired term.

Acts 2003, No. 499, §1.

RS 8:1412

http://www.legis.state.la.us/lss/lss.asp?doc=180622

§141.2.  Corporate status; powers and duties

A.(1)  As soon as practical, the board shall meet and elect, from among their members, a chairman, a vice chairman, and a secretary/treasurer and such other officers as the board deems appropriate.

(2)  The minute books, archives, funds, and accounts of the commission shall be maintained by the secretary/treasurer.

(a)  The secretary/treasurer shall have signatory powers of the commission.  The secretary/treasurer shall be bonded by a surety bond for the amount of funds the board handles between certified audits.

(b)  The chairman, vice chairman, and secretary/treasurer shall have signatory powers for the purpose of check writing.  Two of the three officers shall sign each check.

B.  The duties of the officers shall be fixed by bylaws adopted by the board.  The board shall adopt such rules and regulations as it deems necessary and advisable for the conduct of business and affairs and, to the extent that funds are available, shall hire such assistants and employees as they are needed to assist the board in the performance of its duties.  The board shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the boundaries of the commission as may be prescribed in the bylaws.

Acts 2003, No. 499, §1.

RS 8:1413

http://www.legis.state.la.us/lss/lss.asp?doc=180646

§141.3.  District as a political subdivision; election imposing taxes, maximum tax; authority

A.  Each district shall be considered a political subdivision of the state, and is granted all the powers to sue and be sued, and own equipment on property acquired by it for cemetery purposes and without limitation shall have all the rights and powers, and authority enumerated for a cemetery governing board.

B.  The board shall have the power to levy and collect, within said boundaries of a district, an ad valorem tax not exceeding one mill on the dollar of assessed valuation on all immovable property in the district, for a period not to exceed ten years, as authorized by R.S. 33:2740.1.

C.  The imposition, collection, and enforcement of the tax and any procedural details necessary to be established to supplement the provisions of this Section and to make provisions applicable to the tax imposed hereunder shall be fixed by the resolution of the commission.  The commission shall have the authority to contract with the sheriff, the Department of Revenue, or any other agency or political subdivision for the collection of the tax.

D.  The board shall set forth the purposes for which the proceeds of the tax are to be used in the proposition submitted at the election hereinafter required, and such proceeds may be funded into negotiable bonds.

E.  The tax shall be adopted by a commission only after the question of the imposition of such tax and the funding thereof into bonds under the provisions of this Section shall have been submitted to the qualified electors within the boundaries of such district at an election to be called, conducted, canvassed, and promulgated by the governing authority of such district in accordance with the general laws of the state governing the authorization of general obligation bonds and the majority of the qualified electors voting in such election shall have voted in favor of such additional tax and the funding thereof into bonds.

F.  The resolution imposing any tax hereunder, or amendments hereto, shall specify that the avails of proceeds of the tax after payment of collection costs shall be used solely by such commission for the maintenance of all areas that fall under the heading of Public Cemetery.  The proposition approved at said election shall constitute a full and complete dedication of the avails or proceeds of said tax and its provisions shall control the allocation and expenditure thereof.

G.  All revenue raised by taxes levied pursuant to this Section shall be used within the district levying the tax.

Acts 2003, No. 499, §1.

RS 8:201

http://www.legis.state.la.us/lss/lss.asp?doc=106355

CHAPTER 4.  CEMETERY COMPANIES

§201.  Incorporation required

It is unlawful for any corporation, partnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation authorized to operate a cemetery.  Such corporation shall only engage in the cemetery business in this state if it has received a certificate of authority from the board pursuant to the provisions of Chapter 2 of this title.

Acts 1974, No. 417, §1.

RS 8:202

http://www.legis.state.la.us/lss/lss.asp?doc=106356

§202.  Corporations; how organized

Any private corporation authorized by its articles so to do may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery either for or without profit to its members or stockholders.  A nonprofit corporation or a profit corporation may be organized in the manner provided in the general corporation laws of this state.

Acts 1974, No. 417, §1.

RS 8:203

http://www.legis.state.la.us/lss/lss.asp?doc=106357

§203.  Prior operations not affected

The requirement in R.S. 8:202 shall not apply to any cemetery authority that is in existence and operating on July 31, 1974, and any such cemetery authority may continue to operate despite the fact that it may be owned and operated at said time by a corporation, partnership, firm, trust, association or individual.

Acts 1974, No. 417, §1.

RS 8:204

http://www.legis.state.la.us/lss/lss.asp?doc=106358

§204.  Specific powers; rule making and enforcement

A cemetery authority may make, adopt, amend, add to, revise, repeal or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery, including without limitation the following:

(1)  It may restrict and limit the use of all property within its cemetery;

(2)  It may regulate the uniformity, class and kind of all markers, monuments and other structures within the cemetery and its subdivisions;

(3)  It may regulate or prohibit the erection and/or installation of monuments, markers, effigies, structures and foundations within the cemetery;

(4)  It may regulate or prevent the introduction or care of plants or shrubs within the cemetery;

(5)  It may prevent interment in any part of the cemetery of human remains not entitled to interment and prevent the use of interment spaces for purposes violative of its restrictions or rules and regulations;

(6)  It may regulate the conduct of persons and prevent improper assemblages in the cemetery, and

(7)  It may make and enforce rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any interment space or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted.

Acts 1974, No. 417, §1.

RS 8:205

http://www.legis.state.la.us/lss/lss.asp?doc=106359

§205.  Rules and regulations; posting

The rules and regulations made pursuant to R.S. 8:204 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority.

Acts 1974, No. 417, §1.

RS 8:301

http://www.legis.state.la.us/lss/lss.asp?doc=106360

CHAPTER 5 ACQUISITION OF CEMETERY PROPERTY

§301.  Right to acquire property

Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories and columbariums, or other property within which the interment of the dead is or may be authorized by law.

Acts 1974, No. 417, §1.

RS 8:302

http://www.legis.state.la.us/lss/lss.asp?doc=106361

§302.  Surveys and maps

A.  Every cemetery authority from time to time as its property is developed for cemetery purposes shall, in the case of land, survey and subdivide it into sections, blocks, plots, avenues, walks, or other subdivisions, and make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.  In the case of a mausoleum or a columbarium, it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations and other divisions, with descriptive names or numbers.

B.  The preparation and use of any survey, map or plat hereinabove contemplated shall not constitute the dedication of the property depicted thereon solely for cemetery purposes, until and unless such property is actually used for said purposes.  Accordingly, each such survey, map or plat may include undeveloped areas which may be marked "reserved for future development" and, when so marked, said areas, when subsequently developed and used for cemetery purposes shall be considered dedicated for such purposes, but if such areas are not to be used for cemetery purposes, the cemetery authority shall have the right to use such areas for any other lawful purposes.

C.  Copies of such surveys, maps or plats shall be available for inspection by any interested party at the office of the cemetery authority.

D.  Cemetery authorities organized after January 1, 1981, shall file the survey, map, or plat provided for in Subsection A of this Section with the board.  Each cemetery authority shall file with the board a copy of any such survey, map, or plat affecting property acquired, developed, or used for cemetery purposes after January 1, 1981.

Acts 1974, No. 417, §1.  Amended by Acts 1980, No. 428, §1.

RS 8:303

http://www.legis.state.la.us/lss/lss.asp?doc=106362

§303.  Maps and plats; amendment

Any part or subdivision of the property as shown in the survey, map or plat referred to in R.S. 8:301 may, by order of the directors of the cemetery authority, be resurveyed and altered in shape and size and an amended survey, map or plat may be prepared so long as such change does not disturb the interred remains of any deceased person.  Said amended survey, map or plat shall be available for inspection as hereinabove provided.

Acts 1974, No. 417, §1.

RS 8:304

http://www.legis.state.la.us/lss/lss.asp?doc=106363

§304.  Permanency of dedication

After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication nor the title of a plot owner shall be affected by the dissolution of the cemetery authority, by nonuse on its part, by alienation of the property, or otherwise, except as provided in this title.

Acts 1974, No. 417, §1.

RS 8:305

http://www.legis.state.la.us/lss/lss.asp?doc=106364

§305.  Rule against perpetuities, etc., inapplicable

Dedication to cemetery purposes pursuant to this title is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to and for the benefit of the general public.

Acts 1974, No. 417, §1.

RS 8:306

http://www.legis.state.la.us/lss/lss.asp?doc=106365

§306.  Removal of dedication; procedure

Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or any part of it by judgment of the district court of the parish in which the property is situated in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing to the board and by publication as hereinafter provided, and proof satisfactory to the court: (1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed; and (2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains.

Acts 1974, No. 417, §1.

RS 8:307

http://www.legis.state.la.us/lss/lss.asp?doc=106366

§307.  Notice of hearing

The notice of hearing by publication provided in R.S. 8:306 shall be given by publication once a week for at least three consecutive weeks in a newspaper of general circulation in the parish where the cemetery is located and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed.  Said notice shall: (1) describe the portion of the cemetery property sought to be removed from dedication; (2) state that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication; and (3) specify the time and place of hearing.

Acts 1974, No. 417, §1.

RS 8:308

http://www.legis.state.la.us/lss/lss.asp?doc=106367

§308.  Sale of cemetery spaces; abandoned spaces, defined, sale

A.  After completing the map or plat, a cemetery authority may sell and convey interment spaces, subject to such rules and regulations as may be then in effect or thereafter adopted by the cemetery authority, and subject to such other limitations, conditions and restrictions as may be inserted in the instrument of conveyance of such cemetery spaces.

B.  In the event that any of the interment spaces in municipal, religious and nonprofit cemeteries, in any parish the population of which is five hundred thousand or greater has been abandoned as defined in Paragraph C hereof for more than a period of ten years, then a cemetery authority managing the cemetery in which such space is located, after advertising in the official journal of the parish or municipality wherein such cemetery is located a notice attesting to such fact, may take possession of but not demolish such abandoned interment spaces and sell and convey same subject to rules and regulations as set forth in Paragraph A.

C.  Interment space shall be deemed to have been abandoned (1) after a cemetery authority shall have been unable after diligent efforts for twenty-five years to locate any of the owners or their successors or heirs, or, (2) in the event such interment space is no longer fit for human burial, there has been no interment in the preceding twenty-five years and the cemetery authority shall have been unable, after diligent efforts for one year, to locate any of the owners or their successors or heirs to provide care, maintenance or repairs for an interment space.  A cemetery authority shall be deemed to have made diligent efforts to locate the owners or their successors or heirs of an interment space for a specified period of time if such authority (1) has advertised a notice stating that such authority proposes to acquire such interment space pursuant to this Section, which notice shall be advertised (a) in the case of the twenty-five year period provided herein (i) once a year in each of the first twenty-four years of such period, and (ii) once a month during the last year of such twenty-five year period, and (b) in the case of the one year period provided herein, once a month during such one year period; (2) has posted a notice on the space to the same effect as that specified in clause (1) of this sentence, once a month during the last year of either of such periods of time; and (3) has mailed a registered/certified letter to the last known owners of said interment space which letter shall contain a notice to the same effect as that specified in clause (1) of this statement; provided, however, that the requirement of clause (3) of this sentence shall not be applicable to the extent that the records of the cemetery authority acting pursuant to this Section do not contain the name and address of any owner of said interment space or (4) be determined by a court of competent jurisdiction to have exercised diligent efforts to locate the owners; provided, however, that prior to the initiation of any such legal action the cemetery authority has conformed with the requirements of the one year period of monthly advertisements, postings, and mailings as provided hereinabove and evidence of such notices has been exhibited to the court.

Acts 1974, No. 417, §1.  Amended by Acts 1978, No. 747, §1, eff. July 17, 1978.

END

This information is provided as a public service from

Louisiana Cemetery Preservation. "Community and Organization Support for Louisiana Cemetery Preservation"

A public wiki and blog.

http://louisianacemeteries.wikispaces.com

louisianacemeteries@yahoo.com