Monday, April 20, 2015
Tanya Marsh (Wake Forest) has posted A New Lease on Death (Real Property, Probate and Trust Law Journal) on SSRN. Here's the abstract:
Changes in the American funeral industry have sparked a new category of land use — a business where funeral goods and services are sold, but human remains are not embalmed, stored, or displayed. The author has named this new land use a “retail funeral establishment.” Many of these establishments are seeking to locate in retail areas, particularly multi-tenant shopping centers across the country. This new land use raises challenges for real estate attorneys regarding whether retail funeral establishments are permitted in retail developments pursuant to public and private land use controls.