Subdivision 1. Requirements for reburial. The commissioner of human services may remove the body of any person now buried in a cemetery situated upon the land belonging to the state for public institution purposes and rebury it in a cemetery created under the provisions of section 246.33, by complying with the provisions set forth in the following subdivisions of this section.
Subd. 2. District court approval needed. The commissioner shall petition the district court of the county wherein the present cemetery is situated setting forth the reasons for such removal, the place to which the body is to be removed, and praying for an order of the court authorizing such removal. Upon the presentation of such petition, the court shall make its order setting the time, which shall not be less than 60 days from the date of the order, and the place for hearing the same. The commissioner shall serve the nearest relative or, if the commissioner cannot locate any relative, some friend of the person whose body is to be removed by mailing a copy of the petition and court's order 30 days before the date of hearing and file the affidavit of mailing with the court administrator of district court. If the commissioner is unable to locate a relative or friend, the commissioner shall make an affidavit to that effect and file the same with the court administrator of district court.
Subd. 3. Court order. Upon the hearing of such petition, if the court determines that it is for the best interests of the public, the relatives and friends that such body be removed and that the same will be conducted in a manner commensurate with the methods commonly employed for the reburial of the dead in the community, the court shall make its order authorizing such removal, setting forth the time within which such removal shall be accomplished and the place to which the body is to be removed. Upon completion of such removal, the director shall cause the name of the person so removed to be entered in the register, together with the number of the lot in the cemetery and file an affidavit thereof with the court administrator of district court.
1949 c 155 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 246 — State-operated Services
Section 246.01 — Powers And Duties.
Section 246.013 — Persons With Mental Illness; Care, Treatment.
Section 246.0135 — Operation Of Regional Treatment Centers.
Section 246.0141 — Tobacco Use Prohibited.
Section 246.015 — Consultative Services; Aftercare Of Patients.
Section 246.018 — Office Of Medical Director.
Section 246.12 — Biennial Estimates; Suggestions For Legislation.
Section 246.128 — Notification To Legislature Required.
Section 246.129 — Legislative Approval Required.
Section 246.13 — Records Of Persons Receiving State-operated Services.
Section 246.14 — Use Of Space In Institutions.
Section 246.141 — Project Labor.
Section 246.15 — Money Of Patients Or Residents.
Section 246.151 — Compensation Paid To Patient.
Section 246.16 — Unclaimed Money Or Personal Property.
Section 246.18 — Disposal Of Funds.
Section 246.23 — Persons Admissible To Regional Treatment Centers.
Section 246.234 — Reciprocal Exchange Of Certain Persons.
Section 246.24 — Compromise Of Claims.
Section 246.27 — Physical Examinations For Employment Required.
Section 246.325 — Garden Of Remembrance.
Section 246.35 — Abandonment Of Cemetery; Court Order.
Section 246.36 — Acceptance Of Voluntary, Uncompensated Services.
Section 246.41 — Benefit For Persons With Developmental Disabilities.
Section 246.50 — Care Of Clients At State Facilities; Definitions.
Section 246.51 — Payment For Care And Treatment; Determination.
Section 246.511 — Relative Responsibility.
Section 246.52 — Payment For Care; Order; Action.
Section 246.53 — Claim Against Estate Of Deceased Client.
Section 246.531 — Subrogation Of Insurance Settlements.
Section 246.54 — Liability Of County; Reimbursement.
Section 246.55 — Appeal From Order Of Commissioner.
Section 246.56 — Work Activity For Certain Patients Or Residents.
Section 246.57 — Shared Service Agreements.
Section 246.60 — Consolidation; Employees.
Section 246.64 — Substance Use Disorder Service Agreements.
Section 246.70 — Services To Families.
Section 246.711 — Conditions For Applicability Of Procedures.
Section 246.712 — Information Required To Be Given To Individuals.
Section 246.713 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 246.714 — Consent Procedures Generally.
Section 246.715 — Testing Of Available Blood.
Section 246.716 — Blood Sample Collection For Testing.
Section 246.717 — No Discrimination.
Section 246.718 — Use Of Test Results.
Section 246.719 — Test Information Confidentiality.
Section 246.72 — Penalty For Unauthorized Release Of Information.
Section 246.721 — Protocol For Exposure To Blood-borne Pathogens.