Oklahoma § 8-188 - Unused burial sites – Reversion to cemetery

§ 8-188. Unused burial sites – Reversion to cemetery

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.

Added by Laws 2021, c. 198, § 1, eff. Nov. 1, 2021.