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Cemeteries

Cemeteries. Purpose. Cemetery. Not a “nuisance per se” Grave vs. Plot vs. Lot vs. Section (FS Merchandising Glossary) 30-40 square feet Multiple-depth Depth requirements in NJ: 26:6.36 Does not apply to “properly” constructed private vaults. Establishment of Cemeteries.

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Cemeteries

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  1. Cemeteries Purpose

  2. Cemetery • Not a “nuisance per se” • Grave vs. Plot vs. Lot vs. Section (FS Merchandising Glossary) • 30-40 square feet • Multiple-depth • Depth requirements in NJ: • 26:6.36 • Does not apply to “properly” constructed private vaults

  3. Establishment of Cemeteries • Public: “power of eminent domain” • Private: religious orders family plots

  4. Regulation of Cemeteries • “police power” • interest of public welfare is paramount

  5. Right to Bury • not real estate • subject to cemetery rules and regulations and statutes • religious societies may impose special restrictions • racial discrimination is not permitted (Civil Rights Act)

  6. Sale and Encumbrance • lot is inalienable • subject to the cemetery’s rules and regulations • death of owner results in transfer of title to heirs • may devise a cemetery lot by Will and Testament if no burials

  7. Markers, Monuments, and Vaults • personal property • owners are entitled to protection from desecration • regulated by the cemetery

  8. Visitation in Cemeteries • owner has a right to visit • family/friends have free access • cemetery must maintain ingress and egress • FD has a right due to contractual obligation to the family

  9. Criminal Offenses • Most states make it a crime to desecrate a grave.

  10. NJ Cemetery Law • Title 8A • Can be owned/operated by: • VA • Government • Religious Organizations • Cemetery Organization • Cemeteries are tax-exempt • Cemetery Board is part of the Division of Consumer Affairs

  11. Exclusive Rights • open and fill graves • furnish equipment necessary for interment • install flush memorials • install foundations for markers • set/seal vaults, crypts and niches • prevent unauthorized interment • regulate conduct of visitors

  12. Cemeteries cannot: • manufacture and sell monuments • manufacture and sell burial vaults • practice mortuary science • Cemeteries must have a maintenance and preservation fund of $50,000.

  13. Disinterment (Exhumation) • “the removal of a human corpse previously buried in the earth” • May be authorized for 2 reasons: • public interest • private interest • Factors used by court to determine reasonable cause:

  14. NJ Law for Disinterment • 7 signatures required: • Applicant • surviving spouse and children • owner of interment space • cemetery representative • funeral director • registrar/health official issuing permit • cemetery/crematory representative where body is being reinterred

  15. Distribution of Permit • 4 copies: White Canary (yellow) Pink Goldenrod

  16. NJ Statutes • 26:6-37 • 26:6-38 • NJ Administrative Code: • 13:44J-8.1 (multiple-depth grave) • 13:44J-8.2 (additional interment) • 13:44J-8.3 (photograph a disinterment) • 13:44J-8.4 (temporary storage)

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