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.
General policy of law does not favor disinterment, absent compelling reasons. However, a cemetery authority may occasionally receive a request for interred human remains to be disinterred and reinterred within the cemetery or removed from the cemetery.
Cemetery authorities offering predeveloped interment spaces for sale to the public should provide assurances that the future development and completion of the contracted- for interment spaces will occur.
Occupational licensing by state regulatory authority is a common practice in many professional fields, which includes the licensing of funeral directors and embalmers.
When consumers consider contracting for cemetery and funeral merchandise or services, whether on a preneed or an at-need basis, important information that may influence purchasing decisions should be available. Chief among this data are truthful and accurate prices given in written form prior to a purchasing decision being made.
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.