Ark. Code Ann. » Title 14 Chapter 54
Arkansas Code Annotated

Ark. Code Ann. § 14-54-802 (2026)

Regulation of burials generally

✓ current as of May 2026
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  1. Municipal corporations shall have the power to:
    1. Regulate the burial of the dead;
    2. Provide, outside the corporate limits of the corporation, places for the interment of the dead; and
    3. Prevent any such interment within any such limits, except in public burying grounds established before the adoption of this section.
  2. Municipal corporations may not only impose proper fines and penalties but shall also have power to cause any body interred contrary to this prohibition to be taken up and buried outside the limits of the municipality.

History. Acts 1875, No. 1, § 15, p. 1; C. & M. Dig., § 7534; Pope's Dig., § 9609; A.S.A. 1947, § 19-2323.

Cross References. Eminent domain for cemetery purposes, § 18-15-1401 et seq.

Case Notes

Corporate Limits.

Under this section, a municipal corporation is authorized to acquire land within the municipal limits for a public cemetery. City of Ft. Smith v. Wilson, 100 Ark. 587, 140 S.W. 733 (1911).

Conway, Ark., Ordinance 0-94-54 may be read harmoniously with § 20-17-903; municipalities that had passed a relevant zoning ordinance in accordance with § 14-56-416 could regulate the construction and expansion of cemeteries pursuant to the ordinance, and municipalities that had not done so had only the benefit of §§ 20-17-903, 14-54-803, and this section, such that the city's denial of the landowner's request for a conditional-use-permit precluded the establishment of a cemetery on his property. Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179 (2009).

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009).
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Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009). · cites it 12× “Repeal by Implication 1 lflNext, Brock suggests that there are irreconcilable differences between section 20-17-903, on the one hand, and sections 14-54-802, 14-54-803, and 14-56-401 through 14-56-426 (specifically 14-56-116), on the other hand, such that the doctrine of repeal…”
Ark. Code Ann. § 14-54-802(a): 1 case
Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009). “Repeal by Implication 1 lflNext, Brock suggests that there are irreconcilable differences between section 20-17-903, on the one hand, and sections 14-54-802, 14-54-803, and 14-56-401 through 14-56-426 (specifically 14-56-116), on the other hand, such that the doctrine of repeal…”
Ark. Code Ann. § 14-54-802(b): 1 case
Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009). “Repeal by Implication 1 lflNext, Brock suggests that there are irreconcilable differences between section 20-17-903, on the one hand, and sections 14-54-802, 14-54-803, and 14-56-401 through 14-56-426 (specifically 14-56-116), on the other hand, such that the doctrine of repeal…”
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