§ 11-47-70 — Removal, Etc., of Monuments, Headstones, Etc., from Graves from Which Remains Removed

Alabama § 11-47-70

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 47: Powers, Duties and Liabilities Generally
• Art. 2: Cemeteries and Burial Grounds
• Div. 2: Abandonment of Cemeteries and Removal and Reinterment of Human Remains

Text

(a) Whenever the remains of any person shall have been removed from any cemetery by any relative or friend of such person under the provisions of Section 11-47-65, the person causing such removal shall also be entitled to remove any vault, monument, headstone, coping, or other improvement appurtenant to the grave from which such remains have been removed, and the affidavit or written consent given under the provisions of Section 11-47-65 shall be sufficient warrant and authority for the cemetery corporation, association, corporation sole or other person owning or controlling such cemetery to permit such removal of any vault, monument, headstone, coping, or other improvement appurtenant to such grave.
(b) Whenever the remains of any person buried in any lot or plat shall have been removed and any vault, monument, headstone, coping, or other improvement appurtenant thereto shall remain on said lot or plat for more than 90 days after the removal of the last human remains therefrom, such vault, monument, headstone, coping, or other improvement may be removed and disposed of by the cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery lands and thereafter no person claiming any interest in said lot or plat or any such vault, monument, headstone, coping, or other improvement appurtenant thereto shall have the right to maintain in any court any action in relation to any such vault, monument, headstone, coping or other improvement so removed or disposed of.

Legislative History

(Acts 1957, No. 389, p. 523, §7.)