§ 15-2117 — Cemeteries

§ 15-2117. Cemeteries.\n 1. Whenever for the purposes of title 21 of this article it shall be\nnecessary to use any portion of any lands or premises now occupied by\ngraves, burial places, cemeteries, or other places of interment of human\nremains, the board may acquire the same in the same manner as other real\nestate may be acquired by it. Provided, however, that if lands or\npremises so occupied and sought to be acquired are not within a cemetery\nunder the actual control and management of a then existing religious or\ncemetery corporation, and proceedings shall have been instituted by the\nboard for their acquisition under the eminent domain procedure law, the\ncourt, if satisfied at any stage of the proceedings, that the public\ninterests will be prejudiced by delay, may, by order, direct that the\nboard may enter immediately on such lands and premises, and, after the\nprovisions of subdivisions 4 through 8 of this section and sections 304\nand 404 of the eminent domain procedure law have been complied with, may\ndevote the same to the public use specified in the petition, upon\ndeposit with the court of a sum to be fixed by the court; but no such\norder shall be made except upon notice of the application therefor\nserved and posted as hereinafter provided.\n 2. Such notice shall be served as follows: If any of the owners or\ntheir places of residence are unknown, notice addressed, generally, to\nall owners of and persons interested in the lands used for graves,\nburial places, cemetery purposes or places of interment within a certain\nlot, tract or parcel of land, to be described with sufficient certainty\nto identify it, shall be published in the time and manner prescribed by\nsubdivisions 4 through 8 with respect to the notice therein provided\nfor. Owners, if any, whose names and places of residence are known and\nwho reside within the state, shall be served with such notice personally\nor by leaving the notice at the abode of the owner to be served, with a\nperson of suitable age and discretion residing therein. Owners, if any,\nwhose names and places of residence are known and who reside without the\nstate, shall be served with such notice by mail, the notice to be\ndeposited in a post office in the state, addressed to the owner to be\nserved, and inclosed in a securely sealed postpaid wrapper. The notice\nalso shall be posted conspicuously in ten places in each town in which\nthe lands are located, at least twenty days before the time of making\nthe application. If the notice be published, the time for making the\napplication shall be not less than eight days nor more than sixteen days\nafter the last publication, and in any case personal service, if any, or\nservice by leaving at the owner's abode, shall be made at least eight\ndays, and service by mail, if any, at least thirty days, before the time\nof making the application. If, in the condemnation proceeding, an\nattorney has been appointed by the court to represent defendants served\nwith the original notice otherwise than personally, under the eminent\ndomain procedure law, the notice also shall be served on him, at least\neight days before the time of making the application.\n 3. The notice shall specify the relief sought and the time and place\nof making the application. The papers or proofs submitted to the court\non the application shall include due proofs of the service and posting\nof the notice and proof, by affidavit, that the persons, if any, served\npersonally or by leaving at their abodes or by mail constitute all of\nthe owners of and persons interested in the lands so occupied whose\nnames and places of residence are known, or, if none were so served,\nthat all of the owners are unknown, and if certain owners were known but\nnot their places of residence, and therefore were not served, personally\nor by mail, that fact and the names of such owners shall be stated. Such\naffidavit also shall set forth the extent of the inquiry to ascertain\nthe names and places of residence of the owners. The provisions of the\neminent domain procedure law, as to matter subsequent to the deposit of\nsuch moneys shall apply hereto, except that the general fund of the\ndistrict shall be applicable to the payment of any deficiency judgment\nrendered pursuant to such section.\n 4. The board having so acquired title, or the right of immediate\nentry, shall cause to be published in two newspapers in the county where\nsuch burial place or places or graves are situated, which shall in its\njudgment be best calculated to notify the persons or parties interested\nor entitled to such notice, which notice shall describe the location of\nsuch burial place, cemetery or grave in such manner as to sufficiently\nidentify the same. Such publication shall be made once in each week in\neach of the newspapers for the space of four weeks, and such notice\nshall also contain a statement to the effect that any person or persons\nlegally entitled to direct as to the disposition of any such remains may\nremove the same to any other cemetery or burial place within sixty days\nafter the last publication of such notice, if they so elect, but without\nexpense to the board therefor. From and after the period of sixty days\nfrom the last date of publication, the board shall advertise in the\nstate paper and a newspaper published in the county or counties in which\nthe cemetery or cemeteries are situated for bids for the removal of such\nremains by contract, and their proper reinterment as hereinafter\nprovided.\n 5. All removals and transportation of such human remains shall be done\nin accordance with the provisions of the Public Health Law and the local\nrules or ordinances of any town, city or village wherein such cemetery,\nburial ground or graves shall be located or wherein any of such remains\nmay be reinterred. The board may acquire such other lands as it deems\nnecessary within the county or in an adjoining county where such burial\nplace or places or graves are now located for the purpose of properly\nreinterring such removed remains, which lands shall be acquired in the\nsame manner as provided by title 21 of this article for the acquisition\nof other lands, title to be taken in the name of the particular river\nregulating district, but lands shall not be acquired within the\ncorporate limits of a village or city except within the bounds of an\nexisting cemetery unless by consent of the board of trustees of the\nvillage or common council of the city or other authorities within such\nvillage or city occupying similar positions as trustees or aldermen\nrespectively.\n 6. The lands so acquired shall be suitable and properly fenced or\ninclosed, and in such manner as to permit of proper ingress and egress\nthereto before the final completion and payment for such work, and the\nexpense therefor shall be included within the estimate and contract for\nsuch removal. All the bodies removed by such contractor, or by order of\nthe board shall, when distinguishable, be incased each in a separate box\nor coffin, and each monument, headstone, footstone, slab, board or other\ndesignation or distinguishing mark shall be properly removed and reset\nat the grave of each body at the time of such reinterment. Members of\nthe same family shall be interred in contiguous graves.\n 7. Whenever any person or persons legally entitled to direct as to the\ndisposition of any remains now interred in such cemeteries, burying\nplace or graves shall request the board, in writing, to reinter such\nremains in any other cemetery or burial plot, within the same county\nwhere such cemetery, burial place or graves sought to be removed are\nlocated or in an adjoining county, the board shall cause such remains to\nbe interred where requested within the same county or in an adjoining\ncounty, and shall carefully and properly remove such remains to such\nburial plot and properly reinter the same, but no payment shall be made\nfor a grave or graves or burial plot for such reinterment other than\nthat acquired by the board as hereinbefore provided. Whenever any person\nor persons legally entitled to direct as to the disposition of any human\nremains exhumed or to be exhumed from any cemetery, burial place or\ngraves as herein provided, desire to remove the same for reinterment to\nany burial plot or cemetery not within the same county from which such\nremains were exhumed or in an adjoining county as herein provided, such\nperson or persons so entitled to designate such other burial place or\nplot shall be permitted to remove such exhumed remains from such county,\nsubject to the written consent of the board and the provisions of the\nPublic Health Law, and the local rules or ordinances of any town, city\nor village wherein such cemetery, burial ground or graves shall be\nlocated, or wherein such human remains may be reinterred, but no portion\nof the expense of such transportation or burial in another county other\nthan an adjoining county shall be borne by the board. The board shall\npay all expenses connected with such removal, out of the general fund of\nthe district in the same manner as other payments are made.\n 8. Whenever any lands acquired by the board for the purposes of\nreinterment of human remains as herein provided, and all the remains so\ninterred have been exhumed from a cemetery, burial place or grave\nbelonging to a corporation organized under the Religious Corporations\nLaw, the Membership Corporations Law, the Not-For-Profit Corporation\nLaw, or by special act, or belonging to a town or board of trustees\nelected pursuant to the provisions of the Town Law, or to a village or\ncity, the board shall by a proper resolution, after completion and\nacceptance thereof and final payment for all work performed as provided\nin this section, execute and deliver in the name of the district, and\nwithout expense to the grantee therefor, to the trustees or other\ngoverning body of such corporation, by whatsoever name or title they may\nhold office, or to the board of trustees of a town burial ground, or to\na duly incorporated cemetery association, and to their successors in\noffice, a quitclaim deed covering the lands so acquired, together with\nall structures erected thereon; and where such lands were so acquired\nfor the purposes of reinterment of human remains exhumed from a public\nor private cemetery, burial place or grave which shall have been used by\nthe inhabitants of any town in this state as a cemetery or burial ground\nfor the space of fourteen years and not having a board of trustees\npursuant to the provisions of the Town Law, the board shall by proper\nresolution as provided by title 21 of this article, after completion and\nacceptance thereof, and final payment for all work as by this section\nprovided, execute and deliver in the name of the board, and without\nexpense to the grantee therefor, a quitclaim deed or other proper\nrelease to such town wherein such lands so acquired as provided by this\nsection may be situated, and such cemetery or burial place shall from\nand after the execution and delivery thereof be deemed to be vested in\nsuch town, and shall be subject in the same manner as other corporate\nproperty of towns, to the government and direction of the electors in\ntown meeting, excepting, however, that where such lands so acquired for\nthe purposes set forth in this section are situate within the corporate\nlimits of a village or city, such quitclaim deed or release herein\nprovided for shall be executed and delivered to such village or city and\nthereafter be and become the property of such village or city and\nsubject to the laws governing such village or city, and further\nexcepting, however, that the board, subject to the approval of the town\nboard, or city or village authorities herein referred to, shall have the\nright to convey such lands so acquired, together with all structures\nerected thereon, to a duly incorporated cemetery association. From and\nafter the date of the execution and delivery by the board, as by this\nsection provided, of the quitclaim deed or release, the board shall be\ndeemed to be divested of all right and title to such lands so\nquit-claimed or released and shall not thereafter be liable for the\ncare, custody, maintenance and control thereof. This section does not\nlimit any existing rights of burial, or removal of remains under other\nprovisions of law applicable thereto.\n