General Provisions.

Ala. Code tit. 11, tit. 2, ch. 47, art. 2, div. 1

in effect

Ala. Code § 11-47-40 Ownership, Regulation, Etc., of Municipal Cemeteries; Regulation, Etc., of Establishment or Use of Private Cemeteries Within Police Jurisdiction.

11-47-40. Ownership, Regulation, Etc., of Municipal Cemeteries; Regulation, Etc., of Establishment or Use of Private Cemeteries Within Police Jurisdiction. All cities and towns of this state shall have the power to own, regulate, improve, lay out, and control town or city cemeteries and permit additions thereto and the establishment of new ones, either within or without the town or city limits, and to sell burial lots in the same, and to regulate or prohibit the establishment or use of private cemeteries within the police jurisdiction of a city or town elsewhere than in the city or town cemeteries. (Code 1907, §1284; Code 1923, §2041; Code 1940, T. 37, §478.)

Ala. Code § 11-47-41 Contracts for Municipal Care and Maintenance of Burial Grounds, Cemeteries, and Graves - Authorized.

11-47-41. Contracts for Municipal Care and Maintenance of Burial Grounds, Cemeteries, and Graves - Authorized. Any incorporated city or town having within its corporate limits an ancient family cemetery or burial ground or owning a cemetery or burial ground may make and enter into a contract with any interested party or parties obligating and binding the city or town to forever protect, maintain, and properly care for such cemetery or burial ground or for graves of individuals in the cemeteries or burial grounds owned by such city or town, upon terms and conditions as may be agreed upon and for such compensation as it may see fit to accept. (Code 1907, §1309; Acts 1919, No. 165, p. 153; Code 1923, §2122; Code 1940, T. 37, §479.)

Ala. Code § 11-47-42 Contracts for Municipal Care and Maintenance of Burial Grounds, Cemeteries, and Graves - Manner of Contracting.

11-47-42. Contracts for Municipal Care and Maintenance of Burial Grounds, Cemeteries, and Graves - Manner of Contracting. All contracts made under the provisions of Section 11-47-41 shall be by ordinance, which shall state all the terms and conditions of the contract, and the same shall be passed and approved as other ordinances of such city or town and recorded upon the minutes thereof. (Code 1907, §1310; Code 1923, §2123; Code 1940, T. 37, §480.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026