Title 36, Chapter 72, Section 2
( 36-72-2)
As used in this chapter, the term: (1) "Abandoned cemetery" means a cemetery which shows signs of
neglect including, without limitation, the unchecked growth of
vegetation, repeated and unchecked acts of vandalism, or the
disintegration of grave markers or boundaries and for which no
person can be found who is legally responsible and financially
capable of the upkeep of such cemetery. (2) "Archeologist" means any person who is: (A) A member of or meets the criteria for membership in the
Society of Professional Archaeologists and can demonstrate
experience in the excavation and interpretation of human graves;
or (B) Employed on July 1, 1991, by the state or by any county or
municipal governing authority as an archeologist. (3) "Burial ground" means an area dedicated to and used for
interment of human remains. The term shall include privately
owned burial plots, individually and collectively, once human
remains have been buried therein. The fact that the area was used
for burial purposes shall be evidence that it was set aside for
burial purposes. (4) "Burial object" means any item reasonably believed to have
been intentionally placed with the human remains at the time of
burial or interment or any memorial, tombstone, grave marker, or
shrine which may have been added subsequent to interment. Such
term also means any inscribed or uninscribed marker, coping,
curbing, enclosure, fencing, pavement, shelter, wall, stoneware,
pottery, or other grave object erected or deposited incident to or
subsequent to interment. (5) "Cemetery" or "cemeteries" means any land or structure in this
state dedicated to and used, or intended to be used, for interment
of human remains. It may be either a burial park for earth
interments or a mausoleum for vault or crypt interments or a
combination of one or more thereof. (6) "Descendant" means a person or group of persons related to a
deceased human by blood or adoption in accordance with Title 19. (7) "Genealogist" means a person who traces or studies the descent
of persons or families and prepares a probative record of such
descent. (8) "Human remains" means the bodies of deceased human beings in
any stage of decomposition, including cremated remains. (9) "Preserve and protect" means to keep safe from destruction,
peril, or other adversity and may include the placement of signs,
markers, fencing, or other such appropriate features so as to
identify the site as a cemetery or burial ground and may also
include the cleaning, maintenance, and upkeep of the site so as to
aid in its preservation and protection. |