SLS 10RS-577 ENGROSSED
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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. 540
BY SENATOR WALSWORTH
CEMETERIES. Provides for the removal of dedication of cemetery property. (8/15/10)
AN ACT1
To amend and reenact R.S. 8:306, relative to the dedication of cemetery property; to provide2
for legislative intent; to provide for the protection of unmarked human burial sites;3
to provide for notice; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 8:306 is hereby amended and reenacted to read as follows: 6
ยง306. Removal of dedication; procedure7
A. Legislative intent. The following is the intent of the legislature:8
(1) That the protection of unmarked human burial sites has been9
entrusted to the Louisiana Division of Archaeology and the attorney general.10
(2) Notice of a judicial proceeding shall be given to the Louisiana11
Division of Archaeology and the attorney general in an action to cause the12
cemetery's dedication protection to be removed.13
B. Property dedicated to cemetery purposes shall be held and used14
exclusively for cemetery purposes unless and until the dedication is removed from15
all or any part of it by judgment of the district court of the parish in which the16
property is situated in a proceeding brought by the cemetery authority for that17 SB NO. 540
SLS 10RS-577 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
purpose and upon notice of hearing to the board, and by publication as hereinafter1
provided, and proof satisfactory to the court: (1) That no interments were made in2
or that all interments have been removed from that portion of the property from3
which dedication is sought to be removed; and (2) That the portion of the property4
from which dedication is sought to be removed is not being used for interment of5
human remains.6
C. When a petition is filed in court pursuant to Subsection B of this7
Section, a copy of the petition shall be served upon the Louisiana Division of8
Archaeology and the attorney general.9
D.(1) The board or Louisiana Division of Archaeology shall have the10
right to intervene in any action filed pursuant to Subsection B of this Section.11
(2) The attorney general may represent the board or the Louisiana12
Division of Archaeology in any action filed pursuant to Subsection B of this13
Section.14
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alan Miller.
DIGEST
Walsworth (SB 540)
Present law provides that property dedicated for cemetery purposes shall be held and used
exclusively for cemetery purposes unless and until the dedication is removed from all or any
part of it by judgment of the district court of the parish in which the property is situated in
a proceeding brought by the cemetery authority for that purpose and upon notice of hearing
to the La. Cemetery Board.
Proposed law retains present law but provides that, when a petition is filed in court to
remove the dedication of cemetery property, a copy of the petition shall also be served to the
Louisiana Division of Archaeology and the attorney general.
Proposed law provides that the board and division shall have the right to intervene in any
action filed to remove the dedication of cemetery property.
Proposed law provides that the attorney general may represent the board or the division in
any action to remove the dedication of cemetery property.
Effective August 15, 2010.
(Amends R.S. 8:306)