(a) Any corporation, association, individual, partnership, trust, or any other organization however constituted which after the effective date of this act locates or establishes a cemetery, providing a grave, vault, columbarium, public mausoleum or other receptacle for the burial of dead human remains, in any county of the state, shall be subject to the provisions of this act.
(b) No corporation, association, individual, partnership, trust or any other organization however constituted, shall after the effective date of this act purchase or acquire, directly or indirectly, any interest in or the control of an existing cemetery or property which has been used as a burial ground in any county of this state, for the purpose of engaging in the business of the ownership, establishment, maintenance or operation of a cemetery, providing a grave, vault, columbarium, public mausoleum or other receptacle for the burial of dead human remains, unless and until a written report thereof is made to the board of county commissioners wherein the cemetery or burial ground is located, and an approval order is issued by the board to such organization prior to such purchase or acquisition. The written report shall be made and subscribed to by the interested parties, and shall be in such form and detail as the board shall prescribe and require. In the event the board finds, after the written report is made and a hearing held thereon, that the proposed purchase or acquisition and the consummation thereof will result in an evasion or avoidance of this act in that the organization proposing to so purchase or acquire intends to substantially change or alter the method or plan of operation of the cemetery or burial ground, which is hereby declared to constitute the location and establishment of cemetery after the effective date of this act, then and in that event the board shall issue an order disapproving the proposed purchase or acquisition, and it shall be unlawful for such purchase or acquisition, to be thereafter consummated unless and until such organization applies for and is issued a certificate of authority as provided by Section 3 of this act. In the event the board finds, after the written report is made and a hearing held thereon, that the proposed purchase or acquisition and the consummation thereof will not result in an evasion or avoidance of this act as hereinbefore provided, then and in that event the board shall issue an order approving the proposed purchase or acquisition and such organization shall not be required to apply for and be issued a certificate of authority as provided by Section 3 of this act. This subsection shall not apply to or affect the inheritance of any interest in or the control of a cemetery, mausoleum or burial ground.
(c) The provisions of this act shall not apply to a municipal, religious, fraternal, rural community, township, state, county and nonprofit corporate cemeteries and free community burial grounds which are subject to and regulated by Chapters 1, 2, 3, and 5 of Title 8, Oklahoma Statutes 1951; nor to cemeteries operated by charitable and eleemosynary institutions.
(d) The provisions of this act shall not apply to or affect the purchase or acquisition by an existing cemetery of additional real property which is immediately adjacent and adjoining to such cemetery nor to the construction of a mausoleum or columbarium on the real property of a cemetery.
Laws 1955, p. 104, § 2.
Structure Oklahoma Statutes
§8-1. Laws governing - Powers and duties.
§8-1a. Burial charges - Failure to pay.
§8-2. Fraternal and church cemeteries.
§8-3. Real estate-Limitation on amount-Sale of lots-Other property-Application of income.
§8-4. Surveys - Plat - Acknowledgment - Recording - Fee.
§8-6. Lots - Inalienability - Descent - Release of interests.
§8-8. Appropriation of net proceeds from lot sales.
§8-9. Retention of portion of proceeds by benevolent, religious and charitable institutions.
§8-10. Payment of debts and obligations.
§8-11. Rights of lot owners in old grounds.
§8-13. Superintendent - Duties - Election - Term - Eligibility - Supervision and control - Salary.
§8-15. Members' meetings - Notices - Quorum - Special meetings.
§8-17. Investment of surplus funds - Tax exemption - Preservation of properties and funds.
§8-18. Violation of provisions - Penalties.
§8-31. Conveyance to Board of County Commissioners - Conveyance to corporation when formed.
§8-36. Refusal of interment because of race, color or national origin prohibited.
§8-88. Disposition of bodies of deceased inmates or patients of state institutions.
§8-88.1. Receipt of bodies by State Anatomical Board.
§8-143. Maintenance and improvement of certain cemeteries by county commissioners.
§8-144. Acceptance and use of monies and other items.
§8-181. Declaration of policy.
§8-183. Certificate of authority - Application - Investigation - Public hearing - Expenses.
§8-185. Conveyance of county lands for cemetery purposes.
§8-186. Ingress to and egress from certain cemeteries.
§8-187. Abandoned cemetery on privately owned land - Visitation rights.
§8-188. Unused burial sites – Reversion to cemetery.
§8-204. State Burial Board Administration and Enforcement Fund abolished - Transfer of funds.
§8-206. Investment of trust funds.
§8-210. Reimbursement of trust fund.
§8-211. Inspections and examinations - Costs.
§8-214. Annual report - Annual license fee.
§8-215. Injunction against continuation of business.
§8-216. Application for receiver.
§8-217. Merger, consolidation or reinsurance.
§8-218. Burial agents, who are.
§8-219. Burial agent license - Necessity.
§8-220. Application for burial agent license and proceedings thereon.
§8-221. Issuance of agent's licenses on association's application - Fee - Renewals.
§8-222. Revocation or refusal to renew agent's license.
§8-223. Procedure for revocation or refusal to renew agent's license.
§8-224. Burial agreements issued only through resident agents.
§8-225. Solicitors deemed agents of association.
§8-226. Depositions, witnesses and evidence.
§8-227. Application of law to existing associations.
§8-228. Foreign associations or corporations.
§8-229. Rules and regulations.
§8-230. Effective date - Exemption of certain existing associations - Bond of Treasurer.
§8-230.1. Dissolution of burial association.