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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1687 By: Newton and Boles of the
House
and
Pederson of the Senate
AS INTRODUCED
An Act relating to cemeteries; providing for method
of burial space reversion; providing exception;
providing certain guidelines for notification
process; providing certain remedy for certain claims;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 188 of Title 8, unless there is
created a duplication in numbering, reads as follows:
A. Except as otherwise provided in this subsection, after a
period of eighty-five (85) years since the last recorded activity on
a burial space, as defined by Section 7102 of Title 36 of the
Oklahoma Statutes, and after a reasonable search for heirs and
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beneficiaries, an unused burial site shall be deemed 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. This subsection shall not apply to a
burial site where the owner has provided notice to the private or
public cemetery of his or her intent to be exempt from the burial
space reversion requirement provided in this subsection.
B. 1. A reasonable search for heirs and beneficiaries pursuant
to this section shall include:
a. sending a certified letter of notice by the entity
responsible for the cemetery to the last -known address
of the record property owner; however, if no address
is available, then no letter shall be required, and
b. publishing a copy of the description of the burial
space in a newspaper qualified to publish public
notices pursuant to Section 106 of Title 25 of the
Oklahoma Statutes in the county of the last -known
address of the record owner for three (3) weeks;
however, if no address is available, then publication
shall take place in the county where the burial space
is located.
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.
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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.
SECTION 2. This act shall become effective November 1, 2021 .
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/10/2021 - DO PASS, As Coauthored.