(a) If all of the remains that can be located within said cemetery, after a reasonable search for such remains, as in ORS 226.520 defined, has been conducted, are removed in a manner reasonably providing for respectful and careful treatment of such remains, and providing for reinterment and recommitment, in a respectful manner.
(b) If the identity of remains is preserved in so far as reasonably practicable, having due regard to the conditions of the cemetery, the condition and location, or dislocation of stones and monuments, and other factors related to the particular project, and, in so far as practicable, the identity shall be shown upon the relocation of said graves in a new location, by the erection of suitable markers at the location of such graves.
(c) In the event that there are remains in such cemetery which cannot be identified, all of such remains may be interred in a section of the new cemetery site, and the same may be marked by one suitable monument, which shall contain the names of persons, known to have been interred in said cemetery, but whose remains could not be identified.
(2) It shall be a complete defense, in any action brought by any person for damages against the municipal corporation, or other persons or organization affecting such relocation and reinterment, as above described, upon any grounds whatever, to plead and prove a substantial compliance with the provisions of this section. [1953 c.298 §13]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 226 - City Parks, Memorials and Cemeteries
Section 226.110 - Definitions for ORS 226.120 to 226.240.
Section 226.210 - General powers of board; rules.
Section 226.220 - Vote required for special tax levy.
Section 226.310 - Definition of "city" for ORS 226.320 to 226.400; public use.
Section 226.320 - Authority to acquire land for certain purposes.
Section 226.340 - Terms of appropriation ordinance.
Section 226.400 - Construction of memorials or veterans’ facilities in parks within city limits.
Section 226.520 - Definitions for ORS 226.510 to 226.640.
Section 226.530 - Powers of city to acquire and remove cemeteries to another site.
Section 226.540 - Public hearing concerning abandoned or neglected cemetery.
Section 226.610 - Compensation for condemned property determined by jury; factors to be considered.
Section 226.640 - Issuance of permit to restore, maintain and preserve abandoned cemetery; rules.