Alabama Exhumation Laws

In addition to the obvious benefits of hiring a professional to help you bury or cremate a loved one, a funeral director can also help you navigate Alabama`s local funeral laws and cemetery regulations. All cities and municipalities in this State have the power to exercise police jurisdiction over all land purchased or acquired by the city for use or inhabit as a hospital, quarantine station, poor people`s house, parasite house, work house or correctional house, school, sanitary or rainwater conduits, right-of-way, cemeteries and parks. The laws and regulations of cities and municipalities shall apply and extend to all territories so occupied. Here are the state laws for the burial of cremations in Alabama. (e) Nothing in this Chapter shall be construed as affecting or diminishing in any way the rights of any person, entity or governmental entity authorized under the laws of that State or federal law to acquire property rights through the exercise of a prominent or convicted person. A conservation easement may be condemned or appropriated by an eminent estate in the same way as any other property right. Cremation laws allow families to store the cremated remains of their loved ones. You also have the right to disperse cremated remains on private property, provided you have the permission of the landowner. Funeral societies may exercise all the powers necessary for the proper management, beautification, improvement and maintenance of cemeteries. Funeral societies may issue the appropriate and necessary articles, rules and regulations to guarantee them.

Any funeral company or funeral association organized under the laws of that State and any entity authorized to act as trustee or to deal with the possession, control and maintenance of private or public cemeteries have the authority to accept transfers, transfers, devices or legacies on behalf of the country of burial and to act as trustee of such trust. Natural burial in Alabama is permitted, and at least one cemetery in the state specializes in this form of disposition. “Natural burial” generally refers to the burial of a biodegradable coffin without a vault or burial row. Alabama`s Hate Crimes Act provides for minimum prison sentences if the underlying offense was motivated by the victim`s actual or perceived race, color, religion, national origin, ethnic origin, or physical or mental disability. For a Class A crime, the minimum sentence is 15 years. For a Class B crime, the minimum sentence is 10 years. For a Class C crime, the minimum sentence is two years. For a Category A offence, the minimum penalty is three months.

In addition, an accused who has previously been convicted of a crime and is subject to the Hate Crimes Act will receive a heavier sentence under section 13A-5-9 of the Alabama Habitual Offenders Act. Board of Directors; Appointment, conditions, vacancies, renewal of mandate, expenses, relocation, etc., Ala. Code § 41-10-140. The State Conservation Committee will have three directors. The directors will have a good moral character and will be qualified citizens and residents of the area of operation. If the field of activity of an authority is entirely within the limits of the enterprise of a municipality, the municipal administration will appoint it. If an authority`s area of activity is in a single county, the district government appoints it. If the area of activity of an authority is larger than in a single county, the governor appoints it. The Governor shall inform the relevant district governing bodies in writing when appointments are to be made. The Governor may appoint any person qualified as such under the provisions of this Article as a director of the Board of Directors if the Governor so informs in writing 20 days before the appointment.

Non-residents and their officers are not allowed to explore or excavate indigenous hills and other antiquities, earthworks, ancient or historic fortresses, and burial sites. You should not send artifacts from the state. Alabama reserves the right of ownership of these properties. The federal Clean Water Act requires that incinerated remains be dispersed at least three nautical miles from land, and you must notify the EPA of the dispersal. You will also need to get permission from the state to scatter the remains in rivers and lakes. Perhaps one of the most important Alabama funeral laws you need to know is the Alabama code 34-13-111. It states: “Any funeral, memorial service or memorial service, or any part thereof, held in Alabama for rent or profit shall be the actual responsibility and under the direct supervision of a funeral director authorized by the council.” The Alabama Historical Commission may restrict the activities of commercial fishing vessels in or around known underwater cultural resources. The Commissioner of Nature Conservation and Natural Resources must declare in writing that the restriction is necessary.

Restrictions apply when the likelihood of damage or alteration to cultural resources is obvious. The restricted zone covers only the immediate area of the resource, so as not to unduly disturb fishing activities. Permits etc. for exploration or excavation, Ala. Code § 41-9-294. Anyone who wishes to explore or excavate cultural resources can apply for a permit from the Alabama Historical Commission. Individuals, companies, companies or public institutions can apply. If the Commission decides that the authorisation is in the best interests of the State, it may grant it for a limited period of time and under conditions which it considers to be in the best interest of the State.

Licensees are responsible for obtaining permission from the responsible federal agencies. These include the U.S. Department of the Navy and the U.S. Army Corps of Engineers. Permits can be issued during diving, exploration and excavation. With the power of the important domain to acquire historical structures of more or extraordinary importance. These include Alabama landmarks that are eligible or listed on the National Register of Historic Places. Two-thirds of the members of the Commission must vote in favour of acquiring such structures through the exercise of this measure; If a cemetery has been abandoned as a burial place and all human remains have been legally removed, the owner company can sell it or pledge it as collateral for a loan. No court order is required prior to such a sale, provided that it is carried out fairly by the board of directors or management body of the company. The price paid must be fair and reasonable.

Sales must be upheld by the District Estate Court with respect to the fairness and reasonableness of the price paid. The estate judge shall fix a day for the hearing and publish a notice thereon in accordance with article 43-2-445. Cemetery owners can get permission from city or county governments to move human remains to another cemetery in the state. The municipal board of directors or the district government must approve the application by a three-quarters majority in writing at a special meeting. Those who have permits with the Alabama Historical Commission to disrupt burial sites must file an annual report with the Alabama Historical Commission at the end of the calendar year. The report must describe the location, date and disposal of disturbed remains or burials. Removal of remains, etc. from cemeteries belonging to churches, etc., Ala. Code § 11-47-74. Friends, relatives or descendants of the deceased may not separate, remove, reuse or dispose of the body of a deceased person without following the rules established by cemetery stewards, religious bodies, churches or religious societies, denominations, corporations or trustees authorized to establish the rules of the cemetery.

Any owner who controls a cemetery must notify the state health department in writing before removing human remains. The notice must include the date and new resting place of the remains. Exhumation and removal must be carried out in accordance with the appropriate regulations of the State Department of Health. The term of office of the directors shall be staggered, with the first term of office of a director being two years from the date of his appointment, the first term of office of another director four years from the date of his appointment and the first term of office of the director remaining six years from the date of his appointment; Thereafter, the term of office of each Director shall be six years. The governor or state conservation agency has the power to fill vacancies. If a vacancy is filled, this applies to the remainder of the unexpired term. Directors have the right to be reappointed. Administrators may be charged and removed from office in accordance with the conditions of dismissal set forth in the State Constitution. Archaeologists are entitled to permits if they can prove that they are qualified. Licensees must file an annual report with the Alabama Historical Commission at the end of the year, describing the location, date, and disposal of disturbed remains or burials.

Other people can apply for permission. The application must include a full description of the site, known information about the remains and the purpose of the disturbance.