Opinion No. (2008)

Dear Representative Duncan:

This office has received your request for an official Opinion of the Attorney General in which you ask, in effect, the following questions:

1. Is the sale and transfer of municipal cemetery lots subject to the ordinary laws of real property?

2. May a municipality through its ordinances establish a deliberative process for determining an individual's right to be buried in a particular lot?

Your questions have been prompted by the following scenario. The original purchaser of a group of lots in a municipal cemetery dies intestate i.e., without a will. The certificate or…