Are Native American cemeteries required to carry liability or any insurance in our state of CA?

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Are Native American cemeteries required to carry liability or any insurance in our state of CA?

We are being forced into a land purchase to restore our burial grounds to our possession. The Native Am. Heritage Comm. will not assist. Don’t know the law requirements if we buy it using our non-profit. It would be open to the tribe and specific outside groups authorized by the tribe only. Could we post a simple “enter at your own risk”? Does the state have restrictions? We DO perform hand-digging which is permissible through the religious freedom.

Asked on June 13, 2009 under Insurance Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is a very specific question you are asking and will not be able to be answered herein in terms of what you are seeking.  You need a tribal lawyer who has experiences with tribal laws, cemetery laws and the melding of both.

You are in California, so you can actually check the disciplinary history and background somewhat of these attorneys.  Try www.attorneypages.com and then go to www.calbar.ca.gov and check his or her record under attorney search.


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