A. After a period of seventy-five (75) years since the last recorded activity on a burial space, as defined by the Perpetual Care Fund Act, and after a reasonable search for heirs and beneficiaries, an unused burial site shall be abandoned and the right of ownership in the burial site shall revert to the private or public cemetery, after the cemetery has met the requirements of this section.
B. 1. A reasonable search for heirs and beneficiaries pursuant to this section shall include:
2. If no person proves ownership of the burial space within one (1) year after the publication, the burial space shall be deemed abandoned for purposes of this section.
C. Any person with a legitimate claim to a burial space that has been deemed abandoned pursuant to this section and has been used or sold by the private or public cemetery shall have the claim settled by receiving an equal burial space in an equivalent location as the burial space that reverted to the private or public cemetery.
Added by Laws 2021, c. 198, § 1, eff. Nov. 1, 2021.
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.