A.B. 350
- *AB350*
ASSEMBLY BILL NO. 350–COMMITTEE ON JUDICIARY
MARCH 3, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to cemeteries.
(BDR 40-874)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to cemeteries; revising provisions relating to the
disinterment and removal of human remains from certain
cemeteries; revising certain requirements applicable to
certain cemetery owners; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a cemetery authority to order the disinterment and 1
removal of all human remains interred in all or any part of a cemetery if: (1) a 2
governmental authority other than the cemetery authority makes certain 3
determinations relating to the maintenance of the cemetery in accordance with the 4
health, safety and comfort of the public; or (2) the cemetery authority determines that 5
financial provision must be made for future care of certain gravesites. (NRS 451.070) 6
Section 1 of this bill instead provides that, before a cemetery authority may disinter or 7
remove human remains interred in all or any part of a cemetery: (1) the cemetery 8
authority must petition the district court of the county in which a cemetery is located 9
for an order authorizing the disinterment and removal; and (2) the court must issue an 10
order authorizing the disinterment and removal. Sections 2-4 of this bill make 11
conforming changes relating to the issuance by the court, rather than the cemetery 12
authority, of an order for the disinterment and removal of human remains interred in a 13
cemetery. 14
Existing law: (1) requires the owner of a cemetery to keep the cemetery in an 15
orderly condition; and (2) authorizes a board of county commissioners to make rules 16
relating to this requirement. (NRS 452.030) Section 5 of this bill removes the 17
authority of a board of county commissioners to make such rules. Instead, section 5 18
requires the owner of a cemetery to take certain specific actions to ensure that a 19
cemetery is kept in an orderly condition. Section 5 also: (1) requires the board of 20
county commissioners of each county to ensure that the owner of a cemetery complies 21
with these requirements; and (2) authorizes a board of county commissioners to 22
require the owner of a cemetery to take corrective action under certain circumstances. 23
– 2 –
- *AB350*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.070 is hereby amended to read as follows: 1
451.070 1. Except as otherwise provided in [NRS 451.075,] 2
subsection 6, a cemetery authority shall not disinter or remove 3
human remains interred in all or any part of a cemetery owned, 4
leased or operated by the cemetery authority without a court order 5
authorizing the cemetery authority to do so. 6
2. A cemetery authority may petition the district court of the 7
county in which a cemetery is located for an order authorizing the 8
disinterment and removal of [all] human remains interred in all or 9
any part of [any] a cemetery [if: 10
1. A governmental authority other than the cemetery authority 11
determines that:] owned, leased or operated by the cemetery 12
authority. The petition must: 13
(a) Contain a concise statement as to the necessity of the 14
proposed action; and 15
(b) Be accompanied by adequate documentation to justify a 16
hearing on the petition. 17
3. Upon the filing of a petition pursuant to subsection 2, the 18
court shall fix a time for a hearing on the matter. The petitioner 19
shall provide notice and a copy of the petition to every person who 20
owns, holds or has the right of interment in any plot of the 21
cemetery or part affected whose name appears on the records of 22
the cemetery or upon the real property assessment roll of the 23
county in which the cemetery is located. If a person who receives 24
such notice wishes to oppose the petition, the person must appear 25
before the court at the hearing. If the person appears before the 26
court at the hearing, the court must provide the person an 27
opportunity to be heard on the matter. 28
4. After the hearing described in subsection 3, the court may 29
issue an order authorizing the disinterment and removal of human 30
remains from all or any part of the cemetery if: 31
(a) The court finds by clear and convincing evidence that: 32
(1) The maintenance of all or any part of the cemetery that is 33
the subject of the petition as a burial place for the human dead is 34
not in accordance with the health, safety, comfort or welfare of the 35
public; 36
[(b)] (2) The cemetery authority is unable to restore the 37
cemetery or part of the cemetery that is the subject of the petition to 38
a condition where the maintenance of the cemetery as a burial place 39
for the human dead is in accordance with the health, safety, comfort 40
and welfare of the public; and 41
– 3 –
- *AB350*
[(c)] (3) The cemetery authority is unable, at current market 1
rates, to sell or lease the cemetery that is the subject of the petition 2
to or enter into a contract with another cemetery authority that will 3
maintain the cemetery that is the subject of the petition as a burial 4
place for the human dead in accordance with the health, safety, 5
comfort and welfare of the public; or 6
[2.] (b) The [cemetery authority determines] court finds by clear 7
and convincing evidence that such disinterment and removal is 8
necessary because of the financial [provision must be made] 9
obligations of the cemetery authority for future care of gravesites 10
within a specified area. 11
5. Upon the issuance of an order pursuant to subsection 4, a 12
cemetery authority may proceed to disinter and remove the 13
remains in accordance with the provisions of NRS 451.069 to 14
451.330, inclusive. 15
6. The provisions of this section do not apply to the 16
disinterment and removal of human remains interred in a burial 17
plot that is owned in fee simple by a person other than the 18
cemetery authority. 19
Sec. 2. NRS 451.075 is hereby amended to read as follows: 20
451.075 Notwithstanding any other provision of law, 21
including, without limitation, any provision of NRS 451.069 to 22
451.330, inclusive, a cemetery authority shall not [: 23
1. Order the disinterment and removal of human remains 24
interred in a burial plot that is owned in fee simple by a person other 25
than the cemetery authority; or 26
2. Sell,] sell, mortgage or encumber or require the sale, 27
mortgage or encumbrance of [such] a burial plot [.] owned in fee 28
simple by a person other than the cemetery authority. 29
Sec. 3. NRS 451.080 is hereby amended to read as follows: 30
451.080 1. The cemetery authority may prescribe reasonable 31
regulations governing the manner of making disinterments and 32
removals and providing for reinterment in a portion of the existing 33
cemetery or in any other cemetery or for deposit of the remains in 34
any memorial mausoleum or columbarium or for providing 35
appropriate future care. 36
2. The cemetery authority must prescribe a reasonable time of 37
not less than 1 year after the date on which [it] a court orders the 38
disinterment and removal of remains pursuant to NRS 451.070, after 39
which the cemetery authority may proceed to disinter and remove 40
the remains and reinter them in a portion of the existing cemetery or 41
another cemetery or deposit them in a memorial mausoleum or 42
columbarium. 43
– 4 –
- *AB350*
Sec. 4. NRS 451.310 is hereby amended to read as follows: 1
451.310 If, before receiving [notice of any determination made 2
by a governmental authority] an order authorizing the disinterment 3
and removal of human remains interred in all or any part of a 4
cemetery pursuant to NRS 451.070, [any] a cemetery authority has 5
in good faith entered into [any] an agreement to sell or has granted 6
[any] an option to buy all or any portion of its cemetery lands for a 7
price reasonable at the time the agreement to sell was made, or the 8
option granted, the district court shall confirm the sale at the price 9
stipulated in the agreement to sell or the option to buy. 10
Sec. 5. NRS 452.030 is hereby amended to read as follows: 11
452.030 1. Every owner of a cemetery shall keep the same in 12
an orderly condition, [and authority is conferred on the] including, 13
without limitation, by: 14
(a) Regularly mowing and maintaining any grass within the 15
limits of the cemetery such that the grass does not exceed a length 16
of 4 1/2 inches; 17
(b) Regularly removing or treating any weeds within the limits 18
of the cemetery; 19
(c) Replenishing, pruning or replacing any landscaping 20
element within the limits of the cemetery as necessary to preserve 21
the appearance and dignity of the cemetery; 22
(d) Maintaining any pathway or entryway that leads into or 23
through the cemetery in safe condition for pedestrian traffic, 24
including, without limitation, by ensuring that: 25
(1) Each pathway and entryway is free of debris and 26
erosion; and 27
(2) Trimming any landscaping element that encroaches on 28
a pathway or entryway within the limits of the cemetery; 29
(e) Removing any litter and garbage within the limits of the 30
cemetery without undue delay; and 31
(f) Ensuring that any tomb, monument, gravestone or other 32
structure within the limits of the cemetery is properly placed. 33
2. The board of county commissioners of each county [to make 34
such rules as will carry out the intent of this section. 35
2.] shall ensure that the owner of a cemetery complies with the 36
requirements set forth in subsection 1. If the board of county 37
commissioners determines that the owner of a cemetery has failed 38
to comply with the requirements set forth in subsection 1, the 39
board of county commissioners may require the owner to take 40
corrective action. 41
3. Except as otherwise provided in subsection [4,] 5, in 42
addition to any corrective action that may be [taken pursuant to the 43
rules described in] required pursuant to subsection [1,] 2, the 44
district attorney of the county in which a cemetery is located or a 45
– 5 –
- *AB350*
relative of any person interred in a cemetery may bring an action in 1
a court of competent jurisdiction to enforce the [provisions of] 2
requirements set forth in subsection 1. If the court finds that the 3
owner of the cemetery has failed to keep the cemetery in an orderly 4
condition, the court may: 5
(a) Order the owner of the cemetery to take any action necessary 6
to bring the cemetery into such a condition; or 7
(b) If the court also determines that continued ownership of the 8
cemetery by the owner is not in accordance with the health, safety, 9
comfort or welfare of the public, transfer title to the cemetery to the 10
city or, if the cemetery is located in an unincorporated area of a 11
county, the county in which the cemetery is located, if the city or 12
county accepts such a transfer of title. 13
[3.] 4. A city or county to which title of a cemetery is 14
transferred pursuant to this section shall: 15
(a) Operate the cemetery; 16
(b) Lease the cemetery to a cemetery authority to operate the 17
cemetery; 18
(c) Enter into a contract with a cemetery authority to operate the 19
cemetery; or 20
(d) Transfer title of the cemetery to a nonprofit organization 21
acting as the cemetery authority of the cemetery. 22
[4.] 5. The provisions of subsection [2] 3 do not apply to a 23
cemetery owned by a city or county. 24
6. As used in this section: 25
(a) “Landscaping element” includes, without limitation, any 26
tree, shrub or plant within the limits of a cemetery. 27
(b) “Orderly condition” means the comprehensive upkeep and 28
preservation of a cemetery in a manner that honors the deceased, 29
promotes public safety and ensures accessibility. 30
H