I'm interested in knowing what the specific requirements are for
starting and maintaning a private family cemetary, on private land in
Mississippi. My goal is to purcahse a piece of land in a rural
setting, and make it available to family free of charge. I'm not
interested in joining the funeral industry, or selling lots to the
public. Just in providing a final resting place for family members to
use now and in the future. I live in Picayune, MS USA (Pearl River
County)

Hi picayune,

Steer clear of hospitals and you should be ok. You'll need to petition
the board of supervisors in Pearl River County for permission, but
from what I read there should be no problems. Call the City Picayune
Zoning Director to find out what zoning restrictions there are, if
any, before you start to look for land. If you make an offer on a
piece of land, be sure to make the offer contingent on the board's
approval.


REFERENCE:

MISSISSIPPI CODE OF 1972
SEC. 41-43-1. Regulation of cemeteries in the vicinity of hospitals;
private family cemeteries.
http://www.mscode.com/free/statutes/41/043/0001.htm
(2) The board of supervisors of any county is authorized and
empowered, upon petition and request to do so, to establish or
designate the location of any private family cemetery to be located in
the county.

SEC. 41-43-33. Who is subject to cemetery law. (You are not)
http://www.mscode.com/free/statutes/41/043/0033.htm
Any person, partnership, corporation or other organization organized
or engaging in business under the laws of the state of Mississippi, or
wheresoever organized and doing business in the state of Mississippi,
of owning, maintaining or operating a cemetery, providing lots or
other interment space therein for the remains of human bodies, except
such organizations and cemeteries which are affiliated with or owned
by churches or religious societies, established fraternal societies,
municipalities, or other political subdivisions of the state of
Mississippi, shall be subject to the provisions of sections 41-43-31
to 41-43-53.


Here's the entire section.

Mississippi Code - Index for Chapter 043 of Title 41 
http://www.mscode.com/free/statutes/41/043/index.htm


Nothing here I can find:

City of Picayune - Planning and Zoning
http://www.picayune.ms.us/planning.htm
Phone: 798-9776


Here's the City of Picayune PERMITS info:
http://www.picayune.ms.us/bld_inspector.htm
A building permit is required by the City of Picayune on all type of
renovations, additions, or new construction. The permits are sold in
the office of the building inspector located in City Hall, 203
Goodyear Blvd, 3rd floor. The cost of the permit is based upon the
estimated cost of the building project. Bring your estimate with you
when you apply for a permit. Electrical, plumbing, and mechanical work
also requires a permit. The City Inspector must inspect all work to
insure standards and codes are met. Our phone number for information
on all permits is 798-9777. Our office is open from 8:00 AM until 5:00
PM. Monday thru Friday.


There was nothing specific at the Pearl River County web site.

Pearl River County
http://www.pearlrivercounty.net/


Hope this helps!  If you have any questions, don't hesitate to ask for
a clarification...


~~Cynthia


Search terms used at Google:
Mississippi
Picayune
Pearl River County
establish "family cemetery"
regulations
zoning

---

Clarification of Answer by cynthia-ga on 31 Jan 2006 02:12 PST

Hi again picayune,

The commenter irlandes has his/her heart in the right place, but I
want to point out that there is no need to see an attorney. The city,
county and state governments will tell you what obstacles, if any, are
there.

Although I would never point a Google Anwers Client AWAY from
professional legal advice, please take a minute to call the local
officials. Mississippi has HUNDREDS, if not thousands of private
family cemeteries, this is very common there, as I'm sure you know.

At the very least, when you call an attorney, you want to know what
the city/county/state is saying "the problem" is...

I think this is going to be some standard red tape, but very do-able.

~~Cynthia

Thanks for giving me some direction. Now, at least, I know where to start.

Some states have laws restricting private cemeteries, due to lots of
problems with historical private cemeteries.  In pioneer days, people
normally buried family members and hired employees on their own land,
and most of them were not taken care of after those who buried them
died, and there are still today major legal problems resulting from
such private cemeteries.  So, a lot of states simply outlawed them.
But, I certainly can't tell you which ones.

Therefore, this sounds like another question which should be referred
to an attorney in your own state.  IMHO.