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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 ENROLLED
SENATE BILL NO. 540
BY SENATOR WALSWORTH
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
purpose and upon notice of hearing to the board, and by publication as hereinafter18
provided, and proof satisfactory to the court: (1) That no interments were made in19
or that all interments have been removed from that portion of the property from20
which dedication is sought to be removed; and (2) That the portion of the property21
from which dedication is sought to be removed is not being used for interment of22
human remains.23
ACT No. 79 SB NO. 540 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. When a petition is filed in court pursuant to Subsection B of this1
Section, a copy of the petition shall be served upon the Louisiana Division of2
Archaeology and the attorney general.3
D.(1) The board or Louisiana Division of Archaeology shall have the4
right to intervene in any action filed pursuant to Subsection B of this Section.5
(2) The attorney general may represent the board or the Louisiana6
Division of Archaeology in any action filed pursuant to Subsection B of this7
Section.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: