Each cemetery authority is confronted with the legal obligation of maintaining and protecting interment spaces and the cemetery from damage by third parties in a manner that does not unreasonably restrain the exercise of free trade. As a result, it is generally recognized that a cemetery authority has the right to publish and enforce rules and regulations governing activities within the cemetery.
Trust-funded and insurance-funded prearrangements offer different advantages to purchasers. Each purchaser should compare the features of each funding method when deciding whether to convert prepaid contract trust funds to insurance.
The dedication of a new cemetery creates a permanent addition to the community. The extent of the design and planning, financing and long-term maintenance arrangements by those who own or control a cemetery, identified herein as the “cemetery authority,” will determine whether the cemetery is ultimately an asset or detriment to the community.
The necessity to retain documentation relating to funeral and final disposition transactions will vary according to the type of facility, the nature of the transaction, and the type of information involved. For example, cemeteries open with the intent of lasting forever.
All aspects of the final disposition of human remains should be handled with dignity, observing standards of decency, and in accordance with applicable laws. Final disposition can be in the form of burial, entombment, inurnment, burial at sea, scattering, dispersion into space, shipment, or delivery of cremated remains to a designated person.
The site of a cemetery should be dedicated for cemetery purposes and a legal description of the property should be filed with the appropriate governmental entity. There should be a statutory process to ensure dedication procedures protect the interests of interment right owners.