Oklahoma § 50-42 - Cemeteries

§ 50-42. Cemeteries

It shall be unlawful for any person, firm, corporation or

association to lay out, establish, or use for burial purposes any

cemetery, graveyard or burial grounds less than three-fourths (3/4)

Oklahoma Statutes - Title 50. Nuisances

of one (1) mile from the incorporated line of any city of more than

five thousand (5,000) inhabitants within this state, or within four

(4) miles from the incorporated line of any city of this state,

having a population of more than sixty-five thousand (65,000)

inhabitants, and then within three-fourths (3/4) of one (1) mile

from any tract of land plotted into lots or blocks, or otherwise

subdivided for residence purposes, wherein lots, tracts, or blocks

have been sold in good faith for residence purposes prior to the

time of the location, opening, or use for such burial ground,

graveyard or cemetery. Provided, that where cemeteries, graveyards

or burial grounds have heretofore been used and maintained within

less than three-fourths (3/4) of one (1) mile from the incorporated

line of any city of more than five thousand (5,000) inhabitants

within this state, or not less than four (4) miles from the

incorporated line of any city of this state, having a population of

more than sixty-five thousand (65,000) inhabitants, and not less

than three-fourths (3/4) of one (1) mile from any tract of land

plotted into lots or blocks, or otherwise subdivided for residence

purposes, wherein lots, tracts or blocks have been sold in good

faith for residence purposes, and additional lands are required for

cemetery purposes, any person owning lands adjacent, may lay out and

use, or sell the same to such cemetery to be used as an addition to

such cemetery, and the use of such additional lands for such

purposes shall not be prohibited hereby. Provided, however, that

the provisions of this act shall not apply to the laying out,

establishing, or using for burial purposes any cemetery, graveyard

or burial ground in cities containing a population over three

hundred thousand (300,000), according to the preceding Federal

Decennial Census, whenever authority for such construction and

operation has been obtained from a governmental planning commission

having jurisdiction over zoning and building regulations covering

the area wherein such cemetery, or burial ground is proposed to be

located.

R.L.1910, § 4266; Laws 1919, c. 144, p. 206, § 1; Laws 1923, c. 171,

p. 274, § 1; Laws 1963, p. 763, H.J.R.No.554, § 1, emerg. eff. June

14, 1963.