Subdivision 1. Removal of buried person.
The commissioner of corrections may remove
the body of any person now buried in a cemetery situated upon the land belonging to the state for
public institution purposes and rebury it in a cemetery created under the provisions of section
by complying with the provisions set forth in the following subdivisions of this section.
Subd. 2. Petition for removal.
The commissioner shall petition the district court of the
county wherein the present cemetery is situated setting forth the reasons for such removal, the
place to which the body is to be removed, and praying for an order of the court authorizing
such removal. Upon the presentation of such petition, the court shall make its order setting the
time, which shall not be less than 60 days from the date of the order, and the place for hearing
the same. The commissioner shall serve the nearest relative or, if the commissioner cannot
locate any relative, some friend of the person whose body is to be removed by mailing to the
friend or relative a copy of the petition and court's order 30 days before the date of hearing and
file the commissioner's affidavit of mailing with the court administrator of district court. If the
commissioner is unable to locate a relative or friend, the commissioner shall make an affidavit to
that effect and file the same with the court administrator of district court.
Subd. 3. Hearing.
Upon the hearing of such petition, if the court determines that it is for
the best interests of the public, the relatives and friends that such body be removed and that the
same will be conducted in a manner commensurate with the methods commonly employed for the
reburial of the dead in the community, the court shall make its order authorizing such removal,
setting forth the time within which such removal shall be accomplished and the place to which the
body is to be removed. Upon completion of such removal, the director shall cause the name of
the person so removed to be entered in the register, together with the number of the lot in the
cemetery and file an affidavit thereof with the court administrator of district court.
History: 1961 c 750 s 24; 1986 c 444; 1Sp1986 c 3 art 1 s 82