Article On Changes In American Funeral Industry

Tanya D Marsh (Associate Professor, Wake Forest School of Law) recently published an article entitled, A New Lease on Death, 49 Real Property, Probate and Trust Law Journal 421-451 (2015). Provided below is an excerpt from the article:

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.