At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that the person desires to be present when the remains are disinterred or are reinterred.

Terms Used In North Dakota Code 23-21-11

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

The notice to the cemetery authority must specify:

1.    The name of the person whose remains are to be disinterred.

2.    As accurately as possible, the plot where the remains are interred.

3.    The date of interment.

4.    An address at which the required notices may be given by the cemetery authority.

The notice may be delivered, or forwarded by registered or certified mail, to the office or principal place of business of the cemetery authority proposing to make removals.

After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person requesting it of the time when the remains shall be disinterred and of the time when and the place where they will be reinterred. This notice must be given by delivery, or by mail, to the person requesting it at least ten days prior to the date specified for the disinterment of the remains.

     Whenever a request of notice is given by a relative or friend, the cemetery authority may not disinter the remains referred to until the notice of the time of disinterment is given the relative or friend, as provided in this section.