Missouri Revised Statutes
Chapter 214 - Cemeteries
Section 214.385 - Moving of grave marker, replacement — delivery of item of burial merchandise.

Effective - 28 Aug 2009
214.385. Moving of grave marker, replacement — delivery of item of burial merchandise. — 1. If the operator of any cemetery or another authorized person moves a grave marker, memorial or monument in the cemetery for any reason, the operator or other authorized person shall replace the grave marker, memorial or monument to its original position within a reasonable time.
2. When the purchase price of an item of burial merchandise sold by a cemetery operator or its agent is paid in full, the cemetery operator shall make delivery of such property within a reasonable time. A cemetery operator may comply with this section by delivering to the purchaser of such property a valid warehouse receipt which may be presented to the cemetery operator at a later date for actual delivery.
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(L. 1990 H.B. 1079, A.L. 1994 S.B. 496 § 214.385 subsecs. 1, 2(a) merged with S.B. 701, A.L. 2009 S.B. 296)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 214 - Cemeteries

Section 214.010 - Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties.

Section 214.020 - City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund.

Section 214.030 - Cemetery lots, conveyed by deed.

Section 214.035 - Conveyance of cemetery property to political subdivision, when — notice of transfer.

Section 214.040 - Plots and records of cemeteries to be maintained, where — requirements.

Section 214.041 - Construction of roads prohibited in cemetery — exceptions.

Section 214.050 - Power to vacate streets vested in county commissions.

Section 214.060 - Petition to be presented to county commission — remonstrance may be filed.

Section 214.070 - Terms defined.

Section 214.080 - Proceedings to enlarge.

Section 214.090 - Family burying grounds, how secured.

Section 214.120 - Costs, who liable for.

Section 214.130 - County commission and incorporated cemetery company to receive grants and bequests in trust.

Section 214.131 - Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined.

Section 214.132 - Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter.

Section 214.140 - Property placed in trust for benefit of cemeteries.

Section 214.150 - County commissions shall become trustees and custodians.

Section 214.160 - Investment or lending of trust funds — investment manager, duties — definitions.

Section 214.170 - May designate responsible organization or individual to administer the income.

Section 214.180 - Shall keep record of receipts and disbursements.

Section 214.190 - Cemetery not subject to execution, dower or partition — exception.

Section 214.200 - Title, how obtained to lands used for burial purposes.

Section 214.205 - Violation of nuisance ordinance — abandonment — action authorized — costs — eminent domain.

Section 214.208 - Disinterment authorized, when — consent required, when — cemetery owner not liable, when.

Section 214.209 - Abandonment of burial site, rights revert to cemetery.

Section 214.210 - Certain cities may accept or acquire cemetery lands.

Section 214.220 - Lands or shares subject to all vested rights.

Section 214.230 - City may acquire money or funds, how.

Section 214.240 - City may provide and enforce rules and regulations.

Section 214.250 - Proceedings to establish cemetery in first class counties — petition by taxpayers.

Section 214.260 - Penalty for violation.

Section 214.270 - Definitions.

Section 214.275 - License, cemeteries — division's powers and duties — limitations.

Section 214.276 - Refusal to issue license, grounds — complaint, procedure.

Section 214.277 - Injunctions, restraining orders, other court remedies available — venue.

Section 214.280 - Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized.

Section 214.282 - Voidability of contracts, exceptions.

Section 214.283 - Notification of burial lands — registry of cemeteries to be kept by division — fee may be charged for copies — surveyor locating unregistered cemetery to file with division, form.

Section 214.300 - Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established.

Section 214.310 - Endowed care and maintenance fund, minimum amount — bond — posting of sign, when, information required.

Section 214.320 - Deposits in fund required, amount — annual report, form furnished by division — audits may be conducted, when — exemption from chapter 436 requirements, when.

Section 214.325 - Required deposits — deficiency — effect — penalty.

Section 214.330 - Endowed care fund held in trust or segregated account — requirements — duties of trustee or independent investment advisor — operator's duties — endowed care fund agreement.

Section 214.335 - Contributions to endowed care fund for memorial or monument — deficiency, effect of.

Section 214.340 - Report required — content — oath — filing required.

Section 214.345 - Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public.

Section 214.360 - Private use of trust funds prohibited.

Section 214.363 - Bankruptcy, assignment for benefit of creditors, endowed care fund exempt.

Section 214.365 - Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties.

Section 214.367 - Sale of assets, notice required — prospective purchaser of endowed care cemetery, right to recent audit — right to continue operation, notification by division.

Section 214.370 - Nonendowed cemetery to post signs and give notice of its character.

Section 214.380 - Nonendowed section of endowed care cemetery — signs and notice.

Section 214.385 - Moving of grave marker, replacement — delivery of item of burial merchandise.

Section 214.387 - Burial merchandise or services, deferral of delivery, when — escrow arrangement — distribution of moneys — cancellation.

Section 214.389 - Suspension of distribution, when, procedure.

Section 214.390 - Existing cemeteries to operate under law — local law applicable.

Section 214.392 - Division of professional registration, duties and powers in regulation of cemeteries — rulemaking authority.

Section 214.400 - Citation of law.

Section 214.410 - Violation of law, penalty.

Section 214.450 - Indian cemeteries, how established — trust fund authorized.

Section 214.455 - Destruction or defacing any cemetery property, penalty.

Section 214.500 - Cemeteries acquired by a city at tax sales or as nuisances may be sold.

Section 214.504 - No liability for new cemetery operators, when — rights of holders of contracts for burial.

Section 214.508 - Previous cemetery owner liable, when.

Section 214.512 - New cemetery owner not liable for deficiencies, exception.

Section 214.516 - Registration as an endowed care cemetery, when — compliance with endowed care cemetery law required.

Section 214.550 - Scatter gardens, operation by churches maintaining religious cemeteries — maintenance of garden and records, duty of operator.