523I.402 Removal of remains.
1. Upon a showing of good cause, a county cemetery commission may file suit in the district court in that county to have remains interred in a cemetery owned and operated by the commission removed to another cemetery. All persons in interest, known or unknown, other than the plaintiffs, shall be made defendants to the suit. If any parties are unknown, notice may be given by publication. After hearing and a showing of good cause for the removal, the court may order the removal of the remains and the remains shall be properly interred in another cemetery, at the expense of the county. The removal and reinterment of the remains shall be done pursuant to a disinterment permit issued under section 144.34 with due care and decency. In deciding whether to order the removal of interred remains, a court shall consider present or future access to the cemetery, the historical significance of the cemetery, and the wishes of the parties concerned if they are brought to the court’s attention, including the desire of any beneficiaries to reserve their rights to waive a reservation of rights in favor of removal, and shall exercise the court’s sound discretion in granting or refusing the removal of interred remains.
2. Any heir at law or descendent of a deceased person interred in a neglected cemetery may file suit in the district court in the county where the cemetery is located to have the deceased person’s remains interred in the cemetery removed to another cemetery. The owner of the land, any beneficiaries of any reservation of rights, and any other persons in interest, known or unknown, other than the plaintiffs shall be made defendants. If any parties are unknown, notice may be given by publication. After hearing and upon a showing of good cause, the court may order removal and the proper interment of the remains in another cemetery, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.
2005 Acts, ch 128, §40
Structure Iowa Code
Chapter 523I - IOWA CEMETERY ACT
Section 523I.101 - Short title.
Section 523I.102 - Definitions.
Section 523I.103 - Applicability of chapter.
Section 523I.201 - Administration.
Section 523I.202 - Investigations and subpoenas.
Section 523I.203 - Cease and desist orders — injunctions.
Section 523I.204 - Court action for failure to cooperate.
Section 523I.205 - Prosecution for violations of law — civil penalties.
Section 523I.206 - Cooperation with other agencies.
Section 523I.207 - Rules, forms, and orders.
Section 523I.208 - Date of filing — interpretive opinions.
Section 523I.209 - Misleading filings.
Section 523I.210 - Misrepresentations of government approval.
Section 523I.211 - Fraudulent practices.
Section 523I.212 - Receiverships.
Section 523I.213 - Insurance division’s enforcement fund.
Section 523I.213A - Examinations — authority and scope.
Section 523I.214 - Violations of law — referrals to the Iowa department of public health.
Section 523I.301 - Disclosure requirements — prices and fees.
Section 523I.302 - Installation of outer burial containers.
Section 523I.303 - Access by funeral directors.
Section 523I.304 - Rulemaking and enforcement.
Section 523I.305 - Memorials and memorialization.
Section 523I.306 - Commission or bonus unlawful.
Section 523I.307 - Discrimination prohibited.
Section 523I.308 - Speculation prohibited.
Section 523I.309 - Interment, relocation, or disinterment of remains.
Section 523I.310 - Sale of interment rights.
Section 523I.311 - Records of interment rights and interment.
Section 523I.312 - Disclosure requirements — interment agreements.
Section 523I.313 - New cemeteries and gardens and cemetery registry.
Section 523I.314 - New construction.
Section 523I.314A - Standards for interment spaces.
Section 523I.315 - Unpaid care assessments and unoccupied interment spaces.
Section 523I.316 - Protection of cemeteries and burial sites.
Section 523I.317 - Duty to provide public access.
Section 523I.401 - Neglected cemeteries.
Section 523I.402 - Removal of remains.
Section 523I.501 - Cemetery authorized.
Section 523I.502 - Trust for cemetery.
Section 523I.503 - Authority to receive gifts and deposits for care — certificates.
Section 523I.504 - Appointment of successor trustee.
Section 523I.505 - County auditor as trustee.
Section 523I.506 - Commingling of care funds by governmental subdivisions.
Section 523I.507 - Investment of care funds by governmental subdivisions.
Section 523I.508 - Management by governmental subdivisions.
Section 523I.601 - Settlement of estates — maintenance fund.
Section 523I.602 - Management by trustee.
Section 523I.603 - Owners of interment rights.
Section 523I.604 - Lien against cemetery property.
Section 523I.605 - Private care of graves.
Section 523I.701 - Requirements for lawn crypts.
Section 523I.702 - Request to install lawn crypts in fewer than ten units.
Section 523I.801 - Applicability and conversion by nonperpetual care cemeteries.
Section 523I.802 - Advertising.
Section 523I.803 - Perpetual care registry.
Section 523I.804 - Use of gift for special care.
Section 523I.805 - Initial deposit.
Section 523I.806 - Irrevocable trust.
Section 523I.807 - Care fund deposits.
Section 523I.808 - Annual report — examination fee.
Section 523I.809 - Trust agreement provisions.
Section 523I.810 - Care funds.
Section 523I.811 - Use of distributions from care fund.
Section 523I.811A - Emergency use of care funds.
Section 523I.812 - Suit by commissioner.
Section 523I.813 - Annual report by perpetual care cemeteries.