Oregon Law
Law as of Jan 1, 2024
Chapter contents
97.010Definitions 97.020Exemption of certain organizations and cemeteries from certain sections of chapter 97.030Vested rights not acquired 97.040Private family burial grounds 97.050[1977 c.183 §1; 1983 c.526 §4; 1985 c.747 §49; 1987 c.660 §16; 1989 c.1034 §8; renumbered 127.605 in 1989] 97.055[1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5; renumbered 127.610 in 1989] 97.060[1977 c.183 §3; renumbered 127.615 in 1989] 97.065[1977 c.183 §4; renumbered 127.620 in 1989] 97.070[1977 c.183 §5; renumbered 127.625 in 1989] 97.075[1977 c.183 §6; repealed by 1983 c.526 §7] 97.080[1977 c.183 §7; renumbered 127.630 in 1989] 97.082Consent for certain autopsies; form 97.083[1983 c.526 §1; renumbered 127.635 in 1989] 97.084[1983 c.526 §2; renumbered 127.640 in 1989] 97.085[1977 c.183 §§8,9,10; renumbered 127.645 in 1989] 97.090[1977 c.183 §11; renumbered 127.650 in 1989] 97.110Human remains not to be attached 97.120Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 97.130Right to control disposition of remains; delegation 97.132[1961 c.674 §1; repealed by 1969 c.175 §12] 97.134[1961 c.674 §§2,3; repealed by 1969 c.175 §12] 97.140[Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)] 97.141[1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13] 97.145Liability for failure to conform to written instrument directing control of remains 97.150Disposition of cremated remains; procedures; notice; limitations on liability 97.153Diagnostic or therapeutic radioisotopes in body 97.160Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures 97.170Disposition of unclaimed body of deceased person; rules 97.180Period within which body may not be used or dismembered 97.190Post-mortem examination of body 97.200Disposition of remains after use 97.205Prohibition against accepting consideration for public display of human remains; exceptions 97.207Civil action by decedent’s estate authorized for unlawful public display of remains 97.210Exceptions to application of ORS 97.170 to 97.200; rules 97.220Disinterment 97.223Interment or temporary storage of human remains in case of natural disaster or other emergency 97.230[Repealed by 1973 c.286 §1] 97.231Definitions 97.234County designation of veterans’ remains coordinator; identification and interment of unclaimed cremated remains of veterans 97.237Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent; officer to maintain record of reported information 97.240Funeral establishment assistance to veterans’ remains coordinator regarding veterans’ remains; civil claims against funeral establishment or veterans’ remains coordinator barred 97.243Veterans’ remains coordinator to report veteran status information to U.S 97.250[1969 c.175 §1; repealed by 1995 c.717 §9] 97.255[1969 c.175 §3; repealed by 1995 c.717 §9] 97.260[1969 c.175 §2; repealed by 1995 c.717 §9] 97.265[1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218 §1; repealed by 1995 c.717 §9] 97.268[1985 c.379 §1; repealed by 1995 c.717 §9] 97.270[1969 c.175 §5; repealed by 1995 c.717 §9] 97.275[1969 c.175 §6; 1969 c.591 §278a; 1975 c.215 §1; repealed by 1995 c.717 §9] 97.280[1969 c.175 §7; repealed by 1995 c.717 §9] 97.285[1969 c.175 §8; repealed by 1995 c.717 §9] 97.290[1969 c.175 §9; repealed by 1995 c.717 §9] 97.295[Formerly 116.115; 1995 c.717 §11; renumbered 97.966 in 1995] 97.300[1969 c.271 §1; 1995 c.717 §12; renumbered 97.968 in 1995] 97.310Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement 97.320Filing map or plat and declaration of dedication of land to cemetery purposes 97.330When dedication is complete 97.340Effect of dedication 97.350Dedication to cemetery purposes not invalid 97.360Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots 97.370Fixing date of hearing; notice 97.380Hearing; order allowing replatting 97.390Assessment of benefits and damages 97.400Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties 97.410Right of adjacent lot owner upon vacation of way 97.420Effect of failure to object 97.430Declaration of exercise of police power and right of eminent domain 97.440Removal of dedication 97.445Vacating county interest in cemetery real property 97.450Discontinuance of cemetery and removal of remains and markers 97.460Requirements for establishment of cemetery or burial park 97.510Sale and conveyance of plots by cemetery authority 97.520Sale or offer to sell cemetery plot upon promise of resale at financial profit 97.530Commission, bonus or rebate for sale of plot or services 97.540Commission, bonus or rebate for recommendation of cemetery 97.550Plots are indivisible 97.560Presumption of sole ownership in grantee of plot 97.570Spouse has vested right of interment 97.580Divestiture of spouse’s right of interment 97.590Transfer of plot or right of interment 97.600Descent of plot 97.610Determining occupant of burial plot having co-owners 97.620Death of co-owner; authorization to use plot under directions of surviving owners 97.630Family plots; order of occupation 97.640Waiver or termination of vested right of interment 97.650Limitations upon vested right of interment 97.660Lands of cemetery, crematory or reduction corporation; exemption from execution, taxation and condemnation 97.665Revenues; restrictions on uses of revenue 97.670Selling land unsuited for burials 97.675Burial lots or space; use; exemption from taxation, execution and liens; lien for purchase price of gravestone 97.680Recording plan; power to improve and regulate grounds 97.710Power of cemetery authority to make rules and regulations 97.720Record of interments, cremations and reductions; inspection 97.725Disposal of unclaimed burial spaces; notice; form of notice; claims 97.730Gifts and bequests in trust for cemeteries 97.740Definitions for ORS 97.740 to 97.760 97.745Prohibited acts; application; notice 97.750Permitted acts; notice 97.760Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees 97.770[1995 c.457 §7; repealed by 1999 c.731 §14] 97.771[1995 c.457 §1; 1997 c.632 §1; repealed by 1999 c.731 §14] 97.772Definition of “historic cemetery.” 97.773[1995 c.457 §3; repealed by 1999 c.731 §14] 97.774Oregon Commission on Historic Cemeteries; terms 97.775[1995 c.457 §4; repealed by 1999 c.731 §14] 97.776Commission members; nominations 97.777[1995 c.457 §5; repealed by 1999 c.731 §14] 97.778Chairperson; quorum; meetings 97.779[1995 c.457 §6; repealed by 1999 c.731 §14] 97.780Duties 97.782Listing of historic cemeteries; form 97.784Executive secretary; support services 97.810Endowment care and nonendowed care cemeteries 97.813Standards of care for and public access to endowment care cemeteries; rules 97.820Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund 97.823Prohibitions related to endowment care cemeteries 97.825Suits to enforce endowed care statutes; attorney fees 97.830Investment and reinvestment of principal of endowed care funds; use and application of income 97.835Limitation of duties and liability of trustee 97.840Cemetery authority authorized to receive and hold gifts of property; disposition of gifts 97.843Endowment and special care funds are charitable 97.846Agreements for care 97.849Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery 97.850[Renumbered 97.843 in 2019] 97.852Receivership of endowment care cemetery 97.860[Renumbered 97.846 in 2019] 97.865Application of ORS 97.810 to 97.865 to religious, county and city cemeteries 97.870Unused and uncared for portions of cemetery declared common nuisances 97.880Resolution declaring a nuisance 97.890Complaint 97.900Summons 97.910Disuse as prima facie evidence of abandonment 97.920Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien 97.923Definitions for ORS 97.923 to 97.949 97.925Purpose 97.926Rulemaking authority 97.927Applicability of ORS 97.923 to 97.949 97.928Prohibitions 97.929Exceptions to ORS 97.923 to 97.949 97.930[1977 c.715 §§2,3; renumbered 97.975 in 2001] 97.931Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties 97.933Certification of provider of prearrangement or preconstruction sales; annual reports; rules; audits; fees 97.935Registration of master trustees; annual reports; rules; annual audits; fees 97.936Emergency orders of suspension or restriction 97.937Deposit of trust funds made by endowment care cemeteries 97.939Prearrangement or preconstruction sales contracts; contents; delivery 97.941Prearrangement or preconstruction trust fund deposits 97.942Appointment of receiver; criteria 97.943Distributions from prearrangement trust fund deposits 97.944Distributions from preconstruction trust fund deposits 97.945Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance 97.946Advertising and marketing prohibitions 97.947Examination of providers and master trustees by director; subpoena power; depositions 97.948Grounds for discipline by director for violation of ORS 97.923 to 97.949; suspension and revocation of certificate or registration; civil penalties; notification of board 97.949Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949 97.950[1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1; 2005 c.505 §1; repealed by 2007 c.681 §31] 97.951Short title 97.952[1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2; repealed by 2007 c.681 §31] 97.953Definitions for ORS 97.951 to 97.982 97.954[1995 c.717 §3; 1997 c.472 §6; 1999 c.201 §2; 2005 c.505 §3; repealed by 2007 c.681 §31] 97.955Purpose of anatomical gift; persons authorized to make gift 97.956[1995 c.717 §4; 1997 c.472 §7; 1999 c.201 §3; repealed by 2007 c.681 §31] 97.957Methods of making anatomical gift before death of donor 97.958[1995 c.717 §5; 1997 c.472 §8; 1999 c.201 §4; 2005 c.505 §4; repealed by 2007 c.681 §31] 97.959Revocation or amendment of anatomical gift by donor or agent or guardian of donor 97.960[1995 c.717 §6; 1997 c.472 §9; repealed by 2007 c.681 §31] 97.961Refusal to make anatomical gift; effect of refusal 97.962[1995 c.717 §7; repealed by 2007 c.681 §31] 97.963Effect of making, amending or revoking anatomical gift 97.964[1995 c.717 §8; 2005 c.505 §5; repealed by 2007 c.681 §31] 97.965Persons authorized to make anatomical gift of body or body part of decedent 97.966[Formerly 97.295; 2007 c.681 §30; renumbered 97.984 in 2007] 97.967Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person 97.968[Formerly 97.300; renumbered 97.985 in 2007] 97.969Authorized recipients of anatomical gifts; purposes for which gift may be used 97.970Search for document of anatomical gift or refusal; duty to send document or refusal to hospital 97.971Delivery of document of gift or refusal not required; right to examine 97.972Rights and duties of procurement organizations and others; authorized examinations 97.973Coordination of procurement and use of anatomical gifts 97.974Immunity of persons acting in accordance with ORS 97.951 to 97.982 97.975[Formerly 97.930; renumbered 97.987 in 2007] 97.976Law governing validity of document of gift; presumption of validity 97.977Donor registry; duty of Department of Transportation to cooperate with donor registry 97.978Resolution of conflict between potential anatomical gift and advance directive 97.979Cooperation between medical examiner and procurement organization 97.980Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner 97.981Purchase or sale of body parts prohibited 97.982Alteration of document of anatomical gift prohibited 97.983Relation to Electronic Signatures in Global and National Commerce Act 97.984Liability of executor who carries out anatomical gift 97.985Transplants not covered by implied warranty 97.987Department of Transportation use of federal moneys for cemetery care 97.990Penalties 97.992Penalties for ORS 97.937 97.994Penalties for ORS 97.931, 97.933, 97.941 and 97.943

Chapter 97 — Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.974 Immunity of persons acting in accordance with ORS 97.951 to 97.982

(1)

A person who acts in accordance with ORS 97.951 to 97.982 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.

(2)

Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.

(3)

In determining whether an anatomical gift has been made, amended or revoked under ORS 97.951 to 97.982, a person may rely upon representations of an individual listed in ORS 97.965 (1)(b), (c), (d), (e), (f), (g) or (h) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Note: See note under 97.951.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.