ORS 226.510
Certain cemeteries as menace to public

  • acquisition and removal of such cemeteries declared public use
It hereby is found and declared:

(1)

That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have deteriorated and become dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth.

(2)

That such cemeteries, by reason of their unsightly appearance, fire hazard, and by reason of their providing a place of concealment conducive to criminal activities and juvenile delinquency, constitute a menace to the health, safety, morals and welfare of the residents of such municipal corporations; and that these conditions necessitate the use of public funds for crime prevention, fire protection, control of juvenile delinquency, accident protection and other public services and facilities.

(3)

That the clearance and removal of such cemeteries are public uses and purposes for which public money may be spent, private property acquired, and are governmental functions of municipal and state concern.

(4)

That the varied nature of ownership of cemetery plots, the diverse ownership of land, the difficulty of locating interested persons, the existence of unknown graves and remains and other conditions prevent an orderly removal of such remains and clearance of such cemeteries, and because of such conditions, it is in the public interest that such cemeteries be acquired by municipal corporations by eminent domain or otherwise, for the orderly removal of such remains to other suitable place or places and the discontinuance of such cemeteries and the exercise of the power of eminent domain, and the financing of the acquisition and preparation of land by a municipal corporation for disinterment and reinterment is declared a public use and purpose. [1953 c.298 §1]

Source: Section 226.510 — Certain cemeteries as menace to public; acquisition and removal of such cemeteries declared public use, https://www.­oregonlegislature.­gov/bills_laws/ors/ors226.­html.

226.010
Control of municipal corporation over property outside boundaries 226.110
Definitions for ORS 226.120 to 226.240 226.120
Composition and selection of board of park commissioners 226.131
Vote required for creation of park commission 226.140
Organization of board 226.150
Duties of secretary 226.160
Duties of treasurer 226.170
Publication of penalties 226.180
Meetings 226.190
Prohibition of member interest in board contracts 226.200
Taxing power of board 226.210
General powers of board 226.220
Vote required for special tax levy 226.230
Abolition of board 226.240
Transfer of commission powers on favorable vote 226.310
Definition of “city” for ORS 226.320 to 226.400 226.320
Authority to acquire land for certain purposes 226.330
Acquisition of property in excess of needs 226.340
Terms of appropriation ordinance 226.350
Sale of excess land 226.360
Application of proceeds from sale of excess land 226.370
Notice and conduct of sale of excess land 226.380
Condemnation procedure 226.390
Financing of projects by bond issues 226.400
Construction of memorials or veterans’ facilities in parks within city limits 226.410
Authority to establish facilities for disposition of human remains within or without city limits 226.420
Acquisition of property of cemetery association 226.430
Control by city after conveyance 226.440
Sale of lots by city 226.450
Authority to expend funds for maintenance of cemeteries 226.510
Certain cemeteries as menace to public 226.520
Definitions for ORS 226.510 to 226.640 226.530
Powers of city to acquire and remove cemeteries to another site 226.540
Public hearing concerning abandoned or neglected cemetery 226.550
Governing body to publish resolution or ordinance upon finding that cemetery should be relocated 226.560
Expenditure of public funds for removal and reinterment of remains from discontinued cemetery 226.570
Power of city to condemn cemetery 226.580
Parties defendant to condemnation suit 226.590
Service of summons 226.600
Effect of service by publication on persons or parties in interest 226.610
Compensation for condemned property determined by jury 226.620
City acquiring condemned cemetery to proceed with removal and reinterment of remains 226.630
Acts to be done by city in removing and reinterring remains 226.640
Issuance of permit to restore, maintain and preserve abandoned cemetery 226.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 226.510’s source at oregon​.gov