§ 523I.316 — Protection of cemeteries and burial sites

Iowa § 523I.316

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 523I: IOWA CEMETERY ACT

Text

1. Existence of cemetery or burial site — notification. If a governmental subdivision is
notifiedoftheexistenceofacemetery,oramarkedburialsitethatisnotlocatedinadedicated
cemetery, within its jurisdiction and the cemetery or burial site is not otherwise provided
for under this chapter, the governmental subdivision shall, as soon as is practicable, notify
the owner of the land upon which the cemetery or burial site is located of the cemetery’s
or burial site’s existence and location. The notification shall include an explanation of the
provisions of this section. If there is a basis to believe that interment may have occurred
more than one hundred fifty years earlier, the governmental subdivision shall also notify the
state archaeologist.
2. Disturbance of interment spaces — penalty. A person who knowingly and without
authorization damages, defaces, destroys, or otherwise disturbs an interment space commits
criminal mischief in the third degree under section 716.5. Criminal mischief in the third
degree is an aggravated misdemeanor.
3. Duty to preserve and protect.
a. Agovernmentalsubdivisionhavingacemetery, oraburialsitethatisnotlocatedwithin
adedicatedcemetery,withinitsjurisdiction,forwhichpreservationisnototherwiseprovided,
shall preserve and protect the cemetery or burial site as necessary to restore or maintain
its physical integrity as a cemetery or burial site. The governmental subdivision may enter
into a written agreement to delegate the responsibility for the preservation and protection
of the cemetery or burial site to the owner of the property on which the cemetery or burial
site is located or to a public or private organization interested in historical preservation.
The governmental subdivision shall not enter into an agreement with a public or private
organization to preserve and protect the cemetery or burial site unless the property owner
has been offered the opportunity to enter into such an agreement and has declined to do so.
b. A governmental subdivision is authorized to expend public funds, in any manner
authorized by law, in connection with such a cemetery or burial site.
c. If a governmental subdivision proposes to enter into an agreement with a public or
private organization pursuant to this subsection to preserve and protect a cemetery or burial
site that is located on property owned by another person within the jurisdiction of the
governmental subdivision, the proposed agreement shall be written, and the governmental
subdivision shall provide written notice by ordinary mail of the proposed agreement to
the property owner at least fourteen days prior to the date of the meeting at which such
proposed agreement will be authorized. The notice shall include the location of the cemetery
or burial site and a copy of the proposed agreement, and explain that the property owner
is required to permit members of the public or private organization reasonable ingress and
egress for the purposes of preserving and protecting the cemetery or burial site pursuant
to the proposed agreement. The notice shall also include the date, time, and place of the
meeting and a statement that the property owner has a right to attend the meeting and to
comment regarding the proposed agreement.
d. (1) Subject to chapter 670, a governmental subdivision that enters into an agreement
with a public or private organization pursuant to this subsection is liable for any personal
injuryorpropertydamagethatoccursinconnectionwiththepreservationorprotectionofthe
§523I.316, IOWA CEMETERY ACT 20
cemeteryorburialsiteoraccesstothecemeteryorburialsitebythegovernmentalsubdivision
or the public or private organization.
(2) For the purposes of this paragraph, “liable” means liability for every civil wrong which
results in wrongful death or injury to a person or injury to property or injury to personal or
property rights and includes but is not restricted to actions based upon negligence; error or
omission; nuisance; breach of duty, whether statutory or other duty; or denial or impairment
of any right under any constitutional provision, statute, or rule of law.
e. Apropertyownerwhoisrequiredtopermitmembersofapublicorprivateorganization
reasonableingressandegressforthepurposeofpreservingorprotectingacemeteryorburial
siteonthatowner’spropertyandwhoactsingoodfaithandinareasonablemannerpursuant
to this subsection is not liable for any personal injury or property damage that occurs in
connection with the preservation or protection of the cemetery or burial site or access to the
cemetery or burial site.
f. For the purposes of this subsection, reasonable ingress and egress to a cemetery or
burial site shall include the following:
(1) Amemberofapublicorprivateorganizationthathasenteredintoawrittenagreement
with the governmental subdivision who desires to visit such a cemetery or burial site shall
give the property owner at least ten days’ written notice of the intended visit.
(2) If the property owner cannot provide reasonable access to the cemetery or burial site
on the desired date, the property owner shall provide reasonable alternative dates when the
property owner can provide access to the member.
(3) A property owner is not required to make any improvements to that person’s property
to satisfy the requirement to provide reasonable access to a cemetery or burial site pursuant
to this subsection.
4. Confiscation and return of memorials. A law enforcement officer having reason
to believe that a memorial or memorialization is in the possession of a person without
authorization or right to possess the memorial or memorialization may take possession
of the memorial or memorialization from that person and turn it over to the officer’s
law enforcement agency. If a law enforcement agency determines that a memorial or
memorializationtheagencyhastakenpossessionofrightfullybelongsonanintermentspace,
the agency shall return the memorial or memorialization to the interment space, or make
arrangements with the person having jurisdiction over the interment space for its return.
5. Burialsiteslocatedonprivateproperty. Ifapersonnotifiesagovernmentalsubdivision
that a burial site of the person’s relative is located on property owned by another person
within the jurisdiction of the governmental subdivision, the governmental subdivision shall
notify the property owner of the location of the burial site and that the property owner is
required to permit the person reasonable ingress and egress for the purposes of visiting the
burial site of the person’s relative.
6. Discovery of human remains. Any person discovering human remains shall notify the
countyorstatemedicalexamineroracity, county, orstatelawenforcementagencyassoonas
is reasonably possible unless the person knows or has good reason to believe that such notice
has already been given or the discovery occurs in a cemetery. If there is reason to believe that
interment may have occurred more than one hundred fifty years earlier, the governmental
subdivision notified shall also notify the state archaeologist. A person who does not provide
notice required pursuant to this subsection commits a serious misdemeanor.
7. Adverse possession. A cemetery or a pioneer cemetery is exempt from seizure,
appropriation, or acquisition of title under any claim of adverse possession, unless it is
shown that all remains in the cemetery or pioneer cemetery have been disinterred and
removed to another location.