SLS 10RS-861 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 435
BY SENATOR QUINN
DEATH/MORTALITY. Provides relative to the permission to move the remains of a
deceased person. (8/15/10)
AN ACT1
To amend and reenact R.S. 8:659, relative to cemeteries; to provide relative to the2
permission to move remains; to require court approval for relocation of remains in3
the event of a dispute; to provide for factors for court to consider in a determination4
for relocation; to provide for damages and fees; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 8:659 is hereby amended and reenacted to read as follows: 7
ยง659. Permission to move remains8
A. The remains of a deceased person may be moved from a cemetery space9
to another cemetery space in the same cemetery or to another cemetery with the10
consent of the cemetery authority and the written consent of one of the following, in11
the order named, unless other directions in writing have been given by the decedent:12
(1) The surviving spouse, if no petition for divorce has been filed by either13
spouse prior to the death of the decedent spouse.14
(2) The All surviving adult children of the decedent, not including15
grandchildren or other more remote descendants.16
(3) The surviving parents of the decedent.17 SB NO. 435
SLS 10RS-861 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) The surviving adult brothers and sisters of the decedent.1
B. If the required consent cannot be obtained, a final judgment of the district2
court of the parish where the cemetery is situated shall be required.3
C.(1) In the event of a dispute concerning the right to relocate the4
remains of a deceased person, a final judgment of the district court where the5
cemetery is situated shall be required. The remains of the deceased person shall6
not be moved from the current cemetery space to another cemetery space unless7
the court finds that clear and convincing evidence of good cause exists to8
relocate the remains.9
(2) In making a determination as to whether good cause exists to10
relocate the remains of the deceased person, the court may consider the11
following factors:12
(a) The written instructions of the decedent.13
(b) The length of time that has elapsed since the original interment.14
(c) Whether the opposing party consented to the initial interment place.15
(d) The removal of the remains is for a necessary or laudable purpose.16
D. Any person who violates the provisions of this Section by removing17
the remains of the deceased person without proper authority or required court18
authorization shall be liable for any damages sustained as a result of the19
wrongful removal, including any emotional damages, and the costs of20
reinterment of the remains of the deceased person. The court may also award21
costs and reasonable attorney fees to the prevailing party.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Present law provides that the remains of a deceased person may be moved from a cemetery
space to another cemetery space in the same cemetery with the consent of the cemetery
authority and the written consent of certain enumerated surviving relatives, unless other
written directions have been given by the decedent.
Proposed law provides that permission to remove the remains of a decedent shall be obtained
from all surviving adult children of the decedent. SB NO. 435
SLS 10RS-861 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law requires a final judgment of the district court of the parish where the cemetery
is situated, if the required consent cannot be obtained.
Proposed law retains present law but additionally requires a final judgment of the district
court of the parish where the cemetery is situated in the event of a dispute concerning the
right to relocate the remains of a deceased person, and prohibits the removal of the remains
of the deceased person unless the court finds that clear and convincing evidence of good
cause exists to relocate the remains.
Proposed law provides that the court may consider the following factors when making a
determination as to whether good cause exists to relocate the remains:
(1)The written instructions of the decedent.
(2)The length of time that has elapsed since the original interment.
(3)Whether the opposing party consented to the initial internment place.
(4)The removal of the remains is for a necessary and laudable purpose.
Proposed law authorizes the court to award any damages sustained, including emotional
damages and the costs of reinterment, as well as reasonable costs and attorney fees.
Effective August 15, 2010.
(Amends R.S. 8:659)