Bill Text: OR SB1537 | 2012 | Regular Session | Enrolled
Bill Title: Relating to abandoned burial spaces; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-03-13 - Effective date, March 5, 2012. [SB1537 Detail]
Download: Oregon-2012-SB1537-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1537
Sponsored by Senators MONROE, THOMSEN; Senators JOHNSON, NELSON
(Presession filed.)
CHAPTER ................
AN ACT
Relating to abandoned burial spaces; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 97.510 to 97.730. + }
SECTION 2. { + (1) As used in this section, 'unclaimed burial
space' means a burial space in a cemetery:
(a) That has not been used for purposes of interment for at
least 75 years by the record owner of the burial space or by a
party claiming through the record owner of the burial space; and
(b) For which the cemetery authority has no record of any
verbal or written contact for a period of at least 75 years with
the record owner of the burial space or with a party claiming
through the record owner of the burial space.
(2) Notwithstanding ORS 97.630 or 97.810 to 97.920, a cemetery
authority may dispose of unclaimed burial spaces as described in
subsections (3) to (7) of this section.
(3) The cemetery authority shall prepare an inventory
describing the unclaimed burial spaces, including the purchase
date and record owner of each unclaimed burial space as shown in
the records of the cemetery.
(4) The governing body of the cemetery authority shall adopt a
predisposition resolution approving the inventory prepared under
subsection (3) of this section and directing the officers of the
cemetery authority to dispose of the unclaimed burial spaces as
provided in this section.
(5) The cemetery authority shall:
(a) Send, by certified mail, return receipt requested, a notice
containing a description of the unclaimed burial space and the
address and telephone number of the cemetery authority, in
substantially the form set forth in subsection (10) of this
section, to the last-known address of the record owner of each
unclaimed burial space described in the inventory and to the
last-known address of any other person who the cemetery authority
has reason to believe has an ownership or security interest in
any of the unclaimed burial spaces described in the inventory.
(b) Post the notice for at least four weeks at the cemetery
containing the unclaimed burial spaces in a place reasonably
likely to provide notice to owners of the burial spaces.
(c) Publish the notice in a newspaper of general circulation in
the area of the cemetery authority for at least four successive
weeks.
Enrolled Senate Bill 1537 (SB 1537-A) Page 1
(d) Provide notice by telephone and electronic mail, if
telephone or electronic mail contact information is available, to
the record owner of each unclaimed burial space and to any other
person who the cemetery authority has reason to believe has an
ownership or security interest in any of the unclaimed burial
spaces.
(6) If, within 120 days after the date of the notice described
in subsection (5) of this section, a person makes a claim with
the cemetery presenting documentation that the person is the
lawful owner or holds a security interest in an unclaimed burial
space described in the inventory, the cemetery authority shall,
during the 30 days following the expiration of the 120-day period
described in this subsection:
(a) Approve the claim and execute an instrument transferring
the right of interment in the burial space to the claimant; or
(b) Notify the claimant that the cemetery authority denies the
claim.
(7) If a cemetery authority denies a claim under subsection (6)
of this section, the claimant may, within 30 days after the date
of the denial, file a petition seeking return of the unclaimed
burial space in the circuit court for the county in which the
cemetery authority is located. If a petition is filed, the
cemetery authority shall hold the unclaimed burial space until
the court issues an order directing disposition of the unclaimed
burial space. If the court grants the petition, the cemetery
authority shall execute an instrument transferring the right of
interment in the burial space to the claimant.
(8) If, 120 days after the date of the notice described in
subsection (5) of this section, no person has made a claim with
the cemetery authority with regard to an unclaimed burial space
described in the notice, or if the court denies with prejudice a
petition filed under subsection (7) of this section, the
governing body of the cemetery authority may adopt a resolution
declaring the unclaimed burial space to be abandoned. Upon
adoption of the resolution, title to an abandoned burial space
passes to the cemetery authority free of any right, title,
estate, lien or ownership interest held by any other person. The
cemetery authority may transfer good and sufficient title to any
subsequent purchaser or transferee, and the title shall be
recognized by all courts and governmental agencies. Any
department, agency or officer of this state or any political
subdivision of this state whose official functions include the
issuance of certificates or other evidence of title is immune
from civil or criminal liability when such issuance is pursuant
to a bill of sale issued by the cemetery authority under this
section.
(9) If, within one year after adoption of a resolution under
subsection (8) of this section, a person files a claim with the
cemetery authority that presents proof satisfactory to the
cemetery authority that the person's ownership of or security
interest in an abandoned burial space was extinguished by the
resolution, the cemetery authority shall provide the claimant
with a reasonably comparable burial space within 30 days after
the claimant makes the claim.
(10) The notice required by subsection (5) of this section must
be in substantially the following form: + }
________________________________________________________________
______ { + (DATE) + }
Enrolled Senate Bill 1537 (SB 1537-A) Page 2
__________ { + (name of cemetery authority) has identified the
following unclaimed burial spaces in ________ (name of
cemetery): + }
_______________
_______________
{ + (Description of unclaimed burial spaces, including purchase
date and record owner) + }
{ + If you have any right, title, estate, lien or ownership
interest in any of the unclaimed burial spaces described above,
you must file a claim with (name of cemetery authority) within
120 days of the date of this notice or you will lose your
interest in the unclaimed burial spaces described above. + }
________________________________________________________________
SECTION 3. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by Senate February 10, 2012
Repassed by Senate February 24, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 22, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1537 (SB 1537-A) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1537 (SB 1537-A) Page 4
