§ 523i-402

523I.402 Removal of remains. 1. Upon a showing of good cause, a county cemetery commission may file suit in the district court in that county to have remains interred in a cemetery owned and operated by thecommission removed to another cemetery. All persons in interest, known or unknown, otherthan the plaintiffs, shall be made defendants to the suit. If any parties are unknown, noticemay be given by publication. After hearing and a showing of good cause for the removal,the court may order the removal of the remains and the remains shall be properly interred inanother cemetery, at the expense of the county. The removal and reinterment of the remainsshall be done pursuant to a disinterment permit issued under section 144.34 with due careand decency. In deciding whether to order the removal of interred remains, a court shallconsider present or future access to the cemetery, the historical significance of the cemetery,and the wishes of the parties concerned if they are brought to the court’s attention, includingthe desire of any beneficiaries to reserve their rights to waive a reservation of rights in favorof removal, and shall exercise the court’s sound discretion in granting or

court’s attention, includingthe desire of any beneficiaries to reserve their rights to waive a reservation of rights in favorof removal, and shall exercise the court’s sound discretion in granting or refusing the removalof interred remains. 2. Any heir at law or descendent of a deceased person interred in a neglected cemetery may file suit in the district court in the county where the cemetery is located to have thedeceased person’s remains interred in the cemetery removed to another cemetery. Theowner of the land, any beneficiaries of any reservation of rights, and any other personsin interest, known or unknown, other than the plaintiffs shall be made defendants. If anyparties are unknown, notice may be given by publication. After hearing and upon a showingof good cause, the court may order removal and the proper interment of the remains inanother cemetery, at the expense of the petitioner. The removal and reinterment shall bedone with due care and decency. 2005 Acts, ch 128, §40 Sat Dec 23 01:06:12 2023 Iowa Code 2024, Section 523I.402 (18, 0)