ORS 226.630
Acts to be done by city in removing and reinterring remains

  • compliance as complete defense in action for damages

(1)

The removal of remains, headstones and other evidence of the locations of graves, and the clearance of the cemetery property, may be done under the direct supervision of the governing body of the municipal corporation, or such commission as such governing body may appoint, and such removal, reinterment, clearance and other acts in connection with this program shall be sufficient, if the following specific acts are done:

(a)

If all of the remains that can be located within said cemetery, after a reasonable search for such remains, as in ORS 226.520 (Definitions for ORS 226.510 to 226.640) defined, has been conducted, are removed in a manner reasonably providing for respectful and careful treatment of such remains, and providing for reinterment and recommitment, in a respectful manner.

(b)

If the identity of remains is preserved in so far as reasonably practicable, having due regard to the conditions of the cemetery, the condition and location, or dislocation of stones and monuments, and other factors related to the particular project, and, in so far as practicable, the identity shall be shown upon the relocation of said graves in a new location, by the erection of suitable markers at the location of such graves.

(c)

In the event that there are remains in such cemetery which cannot be identified, all of such remains may be interred in a section of the new cemetery site, and the same may be marked by one suitable monument, which shall contain the names of persons, known to have been interred in said cemetery, but whose remains could not be identified.

(2)

It shall be a complete defense, in any action brought by any person for damages against the municipal corporation, or other persons or organization affecting such relocation and reinterment, as above described, upon any grounds whatever, to plead and prove a substantial compliance with the provisions of this section. [1953 c.298 §13]

Source: Section 226.630 — Acts to be done by city in removing and reinterring remains; compliance as complete defense in action for damages, https://www.­oregonlegislature.­gov/bills_laws/ors/ors226.­html (accessed May 26, 2025).

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 226.210
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

Current through early 2026

§ 226.630. Acts to be done by city in removing & reinterring remains's source at oregon​.gov