Okla. Stat. tit. 8, § 8-188
This is the official text of Okla. Stat. tit. 8, § 8-188, part of Oklahoma’s Stat. tit. 8, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 8,." Browse the sections below, each linked to its official government source.
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Unused burial sites – Reversion to cemetery
Official statutory text
A. After a period of seventy-five (75) years since the last
recorded activity on a burial space, as defined by the Perpetual
Care Fund Act, and after a reasonable search for heirs and
beneficiaries, an unused burial site shall be abandoned and the
right of ownership in the burial site shall revert to the private or
public cemetery, after the cemetery has met the requirements of this
section.
B. 1. A reasonable search for heirs and beneficiaries pursuant
to this section shall include:
a. sending a certified letter of notice by the entity
responsible for the cemetery to the last-known address
of the record property owner; however, if no address
is available, then no letter shall be required, and
b. publishing a copy of the description of the abandoned
burial space in a newspaper qualified to publish
public notices pursuant to Section 106 of Title 25 of
the Oklahoma Statutes in the county of the last-known
address of the record owner for three (3) weeks;
however, if no address is available, then publication
shall take place in the county where the burial space
is located.
2. If no person proves ownership of the burial space within one
(1) year after the publication, the burial space shall be deemed
abandoned for purposes of this section.
C. Any person with a legitimate claim to a burial space that
has been deemed abandoned pursuant to this section and has been used
or sold by the private or public cemetery shall have the claim
settled by receiving an equal burial space in an equivalent location
as the burial space that reverted to the private or public cemetery.
recorded activity on a burial space, as defined by the Perpetual
Care Fund Act, and after a reasonable search for heirs and
beneficiaries, an unused burial site shall be abandoned and the
right of ownership in the burial site shall revert to the private or
public cemetery, after the cemetery has met the requirements of this
section.
B. 1. A reasonable search for heirs and beneficiaries pursuant
to this section shall include:
a. sending a certified letter of notice by the entity
responsible for the cemetery to the last-known address
of the record property owner; however, if no address
is available, then no letter shall be required, and
b. publishing a copy of the description of the abandoned
burial space in a newspaper qualified to publish
public notices pursuant to Section 106 of Title 25 of
the Oklahoma Statutes in the county of the last-known
address of the record owner for three (3) weeks;
however, if no address is available, then publication
shall take place in the county where the burial space
is located.
2. If no person proves ownership of the burial space within one
(1) year after the publication, the burial space shall be deemed
abandoned for purposes of this section.
C. Any person with a legitimate claim to a burial space that
has been deemed abandoned pursuant to this section and has been used
or sold by the private or public cemetery shall have the claim
settled by receiving an equal burial space in an equivalent location
as the burial space that reverted to the private or public cemetery.
Status: in_force · Read it on the official government site
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