SB72 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Session

Regular Session 2010

Title

Cemeteries, abandoned, reinterment and maintenance further provided for, Secs. 11-47-60, 11-47-68, 11-47-70 am'd.

Summary

SB72 strengthens rules for abandoning cemeteries, tightens reinterment procedures, and clarifies maintenance and liability for abandoned cemeteries in Alabama.

What This Bill Does

It requires the local governing body (city or county) to approve any abandonment of a cemetery, with written assent filed and a large majority of lot owners agreeing. When remains are moved, a map or plat showing the new location must be filed with the county probate office, and grave objects must be relocated and reinstalled with the remains at the new site. The bill provides for maintenance of cemeteries presumed abandoned and limits local government civil liability for certain property damages, while giving the government a right to recover some costs from the cemetery owner. It also establishes record-keeping requirements for reinterments, including keeping maps on file and providing copies to the probate offices, and sets rules for removing grave improvements if remains are moved and for disposing of unused grave markers after a 90-day period if no one claims them.

Who It Affects

• Cemetery owners/organizations (corporations, associations, or individuals owning or controlling cemeteries) would need to obtain consent from local government, file location maps, relocate remains and grave objects, and maintain detailed records.
• Local governments (cities/towns and counties) would oversee abandonment decisions, are protected from certain property damage liability, and can sue cemetery owners to recover maintenance costs; they also handle maintenance of cemeteries deemed abandoned.

Key Provisions

• Abandonment requires consent and approval of the governing body of the city/town where the cemetery is located, or the county if outside an incorporated municipality, with assent filed by at least three-fourths of the lot owners or approved by a like vote.
• Remains moved to another cemetery or deposited in a mausoleum/columbarium; a complete map/plat describing the reinterment location and lot divisions must be prepared and filed with the county probate office (and with both counties if moved to a different county), with the map kept on file and open to inspection by relatives.
• Grave objects must be relocated and reinstalled with the remains to reproduce the original configuration as closely as possible.
• After removal and reinterment, the cemetery owner must erect a suitable permanent marker identifying the remains and keep the related maps/plats, including names where known, and provide copies to probate offices.
• If a vault, monument, headstone, or other improvement remains more than 90 days after the last removal, the cemetery may dispose of it, and no one shall have the right to sue over such removal; grave objects removed must stay with the remains and be reinstalled at the new site.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Cemeteries