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20-17-908. Responsibilities of county abandoned cemetery registration boards.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-908. Responsibilities of county abandoned cemetery registration boards.
(a) A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in § 20-17-905, but only after a petition has been filed pursuant to § 20-17-907.
(b) At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county.
(c)(1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.
(2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.
(d) The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-908
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-908
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c224a9d8427f85e93f913dd95d64b260a55fb11df2bd17e39b8d14cc0ae1b0ca
Source location: content.xml paragraph 15910
Stored source content
20-17-908. Responsibilities of county abandoned cemetery registration boards.
(a) A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in § 20-17-905, but only after a petition has been filed pursuant to § 20-17-907.
(b) At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county.
(c)(1) If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.
(2) Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site.
(d) The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-905. Abandonment — Definition.
(a) The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population.
(b) Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication.
(c) Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in § 20-17-1013.
(d) After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property.
(e) For the purposes of this section, an “abandoned cemetery” is a cemetery:
(1) For which no permanent maintenance fund as provided in § 20-17-1013 has been established;
(2) Which is not suitably maintained and preserved as a cemetery;
(3) In which there have been no interments for a period of fifteen (15) years; and
(4) Which contains at least six (6) permanent grave markers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-905
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-905. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-907. County abandoned cemetery registration boards.
(a) The county judge shall appoint three (3) members to an abandoned cemetery registration board if:
(1) At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and
(2) In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance.
(b) Each member shall be a real property owner in the county.
(c)(1) The initial board members shall be appointed to serve for terms of one (1) year, two (2) years, and three (3) years.
(2) The length of the term of each member shall be determined by the county judge when making the appointment.
(d) As the terms of the board members expire, the county judge shall appoint successor board members to hold office for a term of three (3) years.
(e) The county judge may reappoint a board member whose term is expiring.
(f) If a vacancy occurs before a board member's term expires, the county judge shall appoint a new member to complete the term.
(g) Members of the board shall serve without pay or other compensation for their services.
(h)(1) The board shall select one (1) of the board members as chair.
(2) The chair shall serve at the pleasure of the board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-907
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-907. This identifies an authority to review, not proof of applicability.