ACPA - Synopsis of Alabama Cemetery Legal Codes

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Synopsis of Alabama Laws Pertaining to
Cemeteries, Burials, or Human Remains As Found in the Code of Alabama

The Alabama Historical Commission, as charged in Act 93-905, shall oversee the provisions of Alabama Act 93-905 relating to permitting activities. These regulations are to provide for the lawful excavation, relocation, and/or restoration of cemeteries and human remains.

The Commission receives, on a regular basis, requests for information on cemetery regulations from citizens of Alabama. This synopsis was created to assist staff members and citizens in locating appropriate legislation for a variety of cemetery-related problems. The Code of Alabama can be found at the following website:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

CODE OF ALABAMA 1975

1.	Section 9-16-96: Designation of areas unsuitable for surface coal mining; right to petition; review and public hearing; areas exempt from mining operations.
	Pertinent Section(s):	(a)(3)b. Affect fragile or historic lands . . . . (e)(3) Adverse effect on publicly owned park or places included in the National Register of Historic Sites . . . .

2.	Section 10-4-20: Provides for the incorporation of any church, conference of churches, religious societies, burial society, etc. Pertinent Section(s): Subsections A & B
3.	Section 10-4-27: Incorporated burial societies may exercise their power for improving and taking care of cemeteries. Pertinent Section(s): Full section
4.	Section 11-17-1: Petition for appointment of commission to locate or enlarge, mark boundaries, etc. of burial places, graveyards, or cemeteries.
5.	Section 11-17-2: Commission - Appointment; notice of appointment and issuance of commission to members.
6.	Section 11-17-3: Commission - Establishment and marking of boundaries; preparation and filing of reports.
7.	Section 11-17-4: Commission - Assessment and report of damages from taking of property, etc.
8.	Section 11-17-5: Recordation of proceedings upon payment of damages and costs.
9.	Section 11-17-6: Dedication to public and use of burial place.
10.	Section 11-17-7: Appeals from assessment of damages - Authorized.
11.	Section 11-17-8: Appeals from assessment of damages - Bond.
12.	Section 11-17-9: Appeals from assessment of damages - Establishment of date for hearing; summoning and empaneling of jurors; notice of hearing.
13.	Section 11-17-10: Appeals from assessment of damages Conduct of hearing generally; establishment of damages by jury.
14.	Section 11-17-11: Appeals from assessment of damages - Entry of judgment for damages and costs.
15.	Section 11-17-12: Property not deemed dedicated until damages and costs paid.
16.	Section 11-17-13: Preservation, repair, etc. of public or private burial places, etc. declared charitable purposes; conveyances, devises, etc. of burial places for such purposes deemed to create charitable trusts.
17.	Section 11-17-14: Burial societies, cemeteries, etc. empowered to accept conveyances, devises, etc., and to act as trustees.
18.	Section 11-17-15: Trusts created by conveyances, devises, etc. may be perpetual; terms and conditions of same.
19.	Section 11-17-16: Validation, etc. of prior conveyances, bequests, etc.
20.	Section 11-44-135: Distribution of municipal powers and duties among departments; authority of commissioners as heads of departments; additional duties of president of board. Pertinent Section(s): Para (1)
21.	Section 11-47-22: Exercise of police jurisdiction over hospitals, poorhouses, cemeteries, etc. Pertinent Section(s): All
22.	Section 11-47-40: Ownership, regulation, etc. of municipal cemeteries; regulation, etc. of establishment or use of private cemeteries within police jurisdiction. Pertinent Section(s): All
23.	Section 11-47-41: Contracts for municipal care and maintenance of burial grounds, cemeteries, and graves - Authorized. Pertinent Section(s): All
24.	Section 11-47-42: Contracts for municipal care and maintenance of burial grounds, cemeteries, and graves - Manner of contracting. Pertinent Section(s): All
25.	Section 11-47-60: Declaration for abandonment of cemetery and removal of human remains interred therein - Adoption, etc. Pertinent Section(s): All	READ
26.	Section 11-47-61: Declaration for abandonment of cemetery and removal of human remains interred therein - Specification as to removal of remains after two months. Pertinent Section(s): All	READ
	(list continued on next page)

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