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Minnesota Legislature

Office of the Revisor of Statutes

246.34 REBURIAL.
    Subdivision 1. Requirements for reburial. The commissioner of human services 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 246.33, by complying with the provisions set forth in the following subdivisions
of this section.
    Subd. 2. District court approval needed. 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
a copy of the petition and court's order 30 days before the date of hearing and file the 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. Court order. 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: 1949 c 155 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82