Sec. 35.03.01.10. Disinterment

A. If a veteran, who had an immediate family member buried in a grave plot assigned to the veteran, fails to abide by the veteran's agreement to be buried in the same plot, the veteran's heirs and assigns shall have the remains of the family member removed from the cemetery, at no cost to the State.

B. A burial in a State veterans' cemetery is considered permanent. However, for compelling or convincing reasons, a disinterment may be permitted if there is no cost to the State and the following conditions are fulfilled:

(1) The request for disinterment contains the notarized signature of all living immediate family members of the deceased;

(2) The request for disinterment indicates that all other close living relatives of the deceased have no objection to the disinterment;

(3) The necessary permits from the State's attorney of the county in which the remains are buried and the county department of health, as well as the transit and reburial permits, are obtained by the funeral director; and

(4) Current opening and closing costs for all veterans, eligible spouses, and dependents are paid.