Cemeteries - Location

The establishment of cemeteries may be prohibited by state or local legislative bodies, but only under certain circumstances. The interment of dead bodies is necessary and proper and therefore the prohibition of the establishment of a cemetery must be based on the potential danger to human life or health. State and municipal organizations are not permitted to prohibit burial for such reasons as the value of adjoining land being lessened or because a cemetery might be a source of annoyance to inhabitants of the surrounding community.

Under some statutory provisions a cemetery cannot be established within a certain distance of a private residence, store, or other place of business without the owner's consent. Similarly, certain statutes provide that, prior to the establishment of a cemetery, consent must be obtained from the county or municipal authorities within whose limits the cemetery will be located.