§ 1506 — Cemetery lands

New York § 1506

• Jurisdiction: New York
• Law NPC: Not-for-Profit Corporation
• Art. 15: Public Cemetery Corporations

Text

§ 1506. Cemetery lands.\n (a) Purchase of land; notice to cemetery board. (1) No cemetery\ncorporation, in purchasing real property hereafter, shall pay or agree\nto pay more than the fair and reasonable market value thereof. The terms\nof the purchase, including the price to be paid and the method of\npayment, shall be subject to notice and approval of the cemetery board.\nIn determining the fair and reasonable market value, the cemetery board\nmay take into consideration the method by which the purchase price is to\nbe paid.\n (2) Notwithstanding the restrictions set forth in subparagraph three\nof paragraph (h) of this section, a cemetery corporation may purchase\nreal property for cemetery purposes that is not adjacent to existing\ncemetery property or that would result in the cemetery corporation\nowning more than two hundred acres of land in the aggregate upon proving\nto the satisfaction of the cemetery board:\n i. that the proposed purchase will benefit the cemetery corporation\nand the owners of plots and graves in the cemetery;\n ii. that the cemetery has sufficient funds and sufficient ability to\ntake on any debt required by the proposed terms of purchase;\n iii. that the cemetery corporation fully investigated available land\nin reasonable proximity to its existing cemetery and that the proposed\npurchase is prudent, taking into consideration the proximity of the land\nto the existing cemetery, the quantity of land, the proposed purchase\nprice, and if applicable, the number of lot sales and income the land is\nreasonably expected to generate, and the future needs of the cemetery;\nand\n iv. that the municipalities that would be required to assume the care\nand control of any part of the cemetery if the cemetery corporation were\nto be abandoned have been notified of the proposed purchase.\n (b) Consent of local authorities. (1) No cemetery shall hereafter be\nlocated in any city or village without the consent of the local\nlegislative body of such city, or the board of trustees of such village.\n(2) No cemetery shall hereafter be located in any town, outside of an\nincorporated village in Suffolk county, without the consent of the town\nboard of such town.\n (c) Cemeteries in Kings, Queens, Rockland, Westchester, Nassau,\nSuffolk, Putnam and Erie counties. A cemetery corporation shall not take\nby deed, devise, merger or otherwise any land in the counties of Kings,\nQueens, Rockland, Westchester, Nassau, Suffolk, Putnam or Erie for\ncemetery purposes, or set apart any ground therefor in any of such\ncounties, unless the consent of the board of supervisors or legislative\nbody thereof, or of the city council of the city of New York, in respect\nto Kings or Queens county, be first obtained. Such consent may be\ngranted upon such conditions and under such regulations and restrictions\nas the public health and welfare may require. Notice of application for\nsuch consent shall be published, once a week for six weeks, in the\nnewspapers designated to publish the session laws and in such other\nnewspapers published in the county as such board or body may direct,\nstating the time when the application will be made, a brief description\nof the lands proposed to be acquired, their location and the area\nthereof. Any person interested therein may be heard on such\npresentation. If such consent is granted the corporation may take and\nhold the lands designated therein. The consent shall not authorize any\none corporation to take or hold more than two hundred fifty acres of\nland unless the acquisition is by an abandonment pursuant to section\nfifteen hundred six-c of this article or a merger or consolidation of\ncemetery corporations pursuant to article nine of this chapter that\ncomplies with the additional requirement of section fifteen hundred\nsix-d of this article, except that such limitation shall not apply to\nparagraph (n) of this section and the provisions of subparagraph two of\nparagraph (a) of this section. Nothing contained in this subdivision\nshall prevent any religious corporation in existence on April fifteenth,\neighteen hundred fifty-four, in any of said counties from using as\nheretofore any burial ground then belonging to it within such county.\nSuch board or body, from time to time, may make such regulation as to\nburials in any cemetery in the county as the public health may require.\n (d) Limitation on the acquisition of land by rural cemetery\ncorporations. It shall not be lawful for any rural cemetery corporation\nhereafter to acquire or take by deed, devise or otherwise, any land in\nany county within the state of New York, having a population of between\none hundred seventy-five thousand and two hundred thousand, according to\nthe federal census of nineteen hundred, or set apart any ground for\ncemetery purposes therein, where there has already been set apart in any\nsuch county, five hundred acres of land for rural cemetery purposes, and\nthe consent of the board of supervisors of any such county shall not be\ngranted where there has already been granted five hundred acres of land,\nor upwards, within such county, to rural cemetery corporations unless\nthe acquisition is by an abandonment pursuant to section fifteen hundred\nsix-c of this article or a merger or consolidation of cemetery\ncorporations pursuant to article nine of this chapter that complies with\nthe additional requirements of section fifteen hundred six-d of this\narticle. Nothing herein contained shall affect any lawful consent or\ngrant hitherto made by the board of supervisors of any such county.\n (e) Limitations on the acquisition of land for cemetery purposes in\ncertain counties. (1) It shall not be lawful for any corporation,\nassociation or person hereafter to set aside or use for cemetery\npurposes any lands in any county within the state erected on and after\nJanuary first, eighteen hundred ninety, adjoining a city of the first\nclass and having a population of between eighty thousand and eighty-five\nthousand according to the federal census of nineteen hundred ten; but\nnothing herein contained shall prevent cemetery corporations formed\nprior to January first, nineteen hundred seventeen, which own in such\ncounty a cemetery in which burials have been made prior to such date,\nfrom setting apart and using for burial purposes lands lying contiguous\nor adjacent to such cemetery which lands have been heretofore acquired\nby a recorded deed of conveyance made to such a cemetery corporation\neither for burial purposes, or for the purposes of the convenient\ntransaction of its general business, which lands shall have been\nacquired with the consent of the board of supervisors; nor to prohibit\nthe dedication or use of land within such county for a family cemetery\nas provided in paragraph (c) of section fourteen hundred one of this\nchapter. Nothing herein contained shall prohibit a cemetery corporation\nfrom assuming management and maintenance of an abandoned cemetery\npursuant to section fifteen hundred six-c of this article or a merger or\nconsolidation of cemetery corporations pursuant to article nine of this\nchapter that complies with the additional requirements of section\nfifteen hundred six-d of this article.\n (2) The provisions of this paragraph shall not operate to prevent any\nsuch cemetery corporation located in Nassau county from using for burial\npurposes contiguous or adjacent land acquired by it provided that such\nuse shall be consented to by the Nassau county legislature.\n (f) Conveyance by religious corporations or by trustees. A cemetery\ncorporation may accept a conveyance of real property held by a religious\ncorporation for burial purposes, or by trustees for such purposes if all\nsuch trustees living and residing in this state unite in the conveyance,\nsubject to all trusts, restrictions and conditions upon the title or\nuse. Lots previously sold and grants for burial purposes shall not be\naffected by any such conveyance; nor shall any grave, monument or other\nerection, or any remains, be disturbed or removed without the consent of\nthe lot owner, or if there be no such owner, without the consent of the\nheirs of the persons whose remains are buried in such grave.\n (g) Certain conveyances to cemetery corporations authorized. Upon\napproval of the cemetery board first having been obtained, a cemetery\ncorporation which maintains and operates a cemetery may accept a\nconveyance of title to the fee of or to burial rights in lands within\nthe confines of said cemetery and it shall be lawful for any cemetery or\nbusiness corporation to make such conveyances. Lots previously sold and\ngrants previously made for burial purposes shall not be affected by such\nconveyance. The cemetery corporation, in consideration of the\nconveyance to it of burial rights in lands within the confines of said\ncemetery, may, with the approval of the cemetery board, issue\nparticipating certificates of the kind and nature provided for in\nparagraph three of subdivision (e) of section fifteen hundred eleven of\nthis article. In making its determination the cemetery board shall\nconsider and may condition its approval on the purposes of this section.\n (h) Acquisition of property by condemnation or otherwise. (1) If the\ncertificate of incorporation or by-laws of a cemetery corporation do not\nexclude any person, on equal terms with other persons, from the\nprivilege of purchasing a lot or of burial in its cemetery, such\ncorporation may, from time to time, acquire by condemnation, exclusively\nfor the purposes of a cemetery, not more than two hundred acres of land\nin the aggregate, forming one continuous tract, wholly or partly within\nthe county in which its certificate of incorporation is filed or\nrecorded, except as in this section otherwise provided as to the\ncounties of Erie, Nassau, Suffolk, Putnam, Kings, Queens, Rockland and\nWestchester.\n (2) A cemetery corporation may acquire by condemnation, exclusively\nfor the purposes of a cemetery, any real property or any interest\ntherein necessary to supply water for the uses of such cemetery, and the\nright to lay, relay, repair and maintain conduits and water pipes with\nconnections and fixtures, in, through or over the lands of others and\nthe right to intercept and divert the flow of waters from the lands of\nriparian owners, and from persons owning or interested in any waters.\nBut no such cemetery corporation shall have power to take or use water\nfrom any of the canals of this state, or any canal reservoirs as\nfeeders, or any streams which have been taken by the state for the\npurpose of supplying the canals with water.\n (3) A cemetery corporation may acquire, otherwise than by\ncondemnation, real property exclusively for the purposes of a cemetery\nas aforesaid in subparagraph 1 of this paragraph and additional real\nproperty for the purposes of the convenient transactions of its\nbusiness, no portion of which shall be used for the purposes of a\ncemetery. Notwithstanding the foregoing or any other provision of law to\nthe contrary, a cemetery corporation that holds real property for\ncemetery purposes that exceeds two hundred acres in the aggregate or\nthat does not form one continuous tract as a result of acquisitions of\nreal property that occurred prior to the effective date of the chapter\nof the laws of two thousand twenty which amended this paragraph and for\nwhich all approvals and consents required at the time to acquire such\nreal property were obtained, may continue to use such real property for\ncemetery purposes.\n (i) Sale or disposition of cemetery lands. (1) No cemetery corporation\nmay sell or dispose of the fee of all or any part of its lands dedicated\nto cemetery use, unless it shall prove to the satisfaction of the\nsupreme court in the district where any portion of the cemetery lands is\nlocated or the cemetery board, that either: (A) all bodies have been\nremoved from each and every part of the cemetery, that all the lots in\nthe entire cemetery have been reconveyed to the corporation and are not\nused for burial purposes, and that it has no debts and liabilities, or\n(B) the land to be sold or disposed of is not used or is not physically\nadaptable for burial purposes and that the sale or disposition will\nbenefit the cemetery corporation and the owners of plots and graves in\nthe cemetery, and (C) the sale or disposition is not to a funeral entity\nas defined in paragraph (c) of section fifteen hundred six-a of this\narticle. (2) If the sale or disposition is made pursuant to subparagraph\n(A) of subdivision one of this paragraph, the cemetery shall satisfy the\ncourt or the cemetery board that it is in the public interest to dispose\nof such cemetery land in the manner proposed; that the subject land is\nnot suitable for cemetery purposes or is no longer needed by the\ncommunity for such cemetery uses or purposes; and that the subject land\nis being sold for its current market value. (3) If the sale or\ndisposition of the land is made pursuant to subparagraph (B) of\nsubdivision one of this paragraph, the court or cemetery board shall\norder that the consideration received by the cemetery corporation, less\nthe necessary expenses incurred, shall be deposited into the permanent\nmaintenance fund established by the cemetery corporation pursuant to\nparagraph (a) of section fifteen hundred seven of this article. (4)\nNotice of any application hereunder shall be given in addition to the\ncemetery board, to the holders of certificates of indebtedness and land\nshares of the cemetery corporation, to any person having informed the\ncemetery board by petition or notice of interest in the proceeding and\nto any person interested in the proceeding pursuant to section five\nhundred eleven of this chapter (Petition for leave of court).\n (j) Conveyance by cemetery corporation to city or village. A\ncemetery corporation may convey and transfer its real property held for\nburial purposes, together with its other assets, to a city having a\npopulation of less than one million inhabitants in which such real\nproperty is located, or to a village, provided such real property is\nlocated within such village or wholly within three miles of the\nboundaries thereof, or to a town, in which such real property is\nlocated, if all the directors and trustees of such cemetery corporation\nliving and residing in the state of New York unite in the conveyance and\ntransfer. Such conveyance and transfer shall be subject to all\nagreements as to lots sold and all trusts, restrictions and conditions\nupon the title or use of such real property and assets. Lots previously\nsold and grants previously made for burial purposes shall not be\naffected by such conveyance, nor shall any grave, monument or other\nerection be disturbed or removed except in accordance with law. No such\nconveyance shall be effective unless and until the legislative body of\nsuch city, town or village shall by ordinance or resolution accept the\nsame subject to the conditions and restrictions hereinabove imposed,\nwhich ordinance or resolution said legislative body is hereby authorized\nand empowered to adopt by a majority vote of such body. Upon such\nconveyance and transfer such property shall be and become a municipal\ncemetery of such city, town or village and such property and assets so\nconveyed and transferred shall be administered as any other municipal\ncemetery of such city, town or village and the said cemetery corporation\nshall be dissolved by the recording of such conveyance and transfer.\n (k) Streets or highways not to be laid out through certain cemetery\nlands. So long as the lands of a rural cemetery corporation organized\nunder the act entitled "An act authorizing the incorporation of rural\ncemetery associations," constituting chapter one hundred thirty-three of\nthe laws of eighteen hundred forty-seven, and the acts amendatory\nthereof, shall remain dedicated to the purpose of a cemetery, no street,\nroad, avenue or public thoroughfare shall be laid out through such\ncemetery, or any part of the lands held by such association for the\npurposes aforesaid, without the consent of the trustees of such\nassociation and the cemetery board.\n (l) Exclusive right of cemetery corporation to provide annual care\nservices. Notwithstanding any provision of this article to the contrary,\nit shall be the right of each cemetery corporation, at its option, to\nexclusively provide all annual care services to be performed for\nconsideration on all or any part of its lands at rates to be reviewed by\nthe cemetery board. In the event that the cemetery board determines that\nan excessive, unauthorized or improper charge has been made for such\nservices or that the services have not been properly performed, he or\nshe may direct the cemetery corporation to pay to the person from whom\nsuch charge was collected a sum equivalent to three times the excess as\ndetermined by the cemetery board, or in the case of work not properly\nperformed, it may direct the cemetery corporation to perform the work\nproperly. Every cemetery corporation that chooses to provide, on an\nexclusive basis, such annual care services shall include in any contract\nfor the sale of any part of its lands the following notice, in at least\nten point bold type:\n Notice\n The (name of cemetery corporation), pursuant to\nstate law, provides annual care services on an exclusive basis.\nTherefore, the purchaser of the plot or lot being transferred by this\nagreement may not contract with any outside party for such annual care\nservices. For purposes of this paragraph, the term "annual care" shall\nmean the maintenance of a lot, plot or part thereof, and may include\ncare of lawns, trees, shrubs, monuments and markers within the plot. The\nprovisions of this paragraph shall not be construed to prohibit a lot\nowner from placing, or arranging to place, floral or similar\narrangements on such cemetery lots or plots.\n (m) Prohibition of stand-alone mausoleum and columbarium. No\napplication for the construction of a mausoleum or columbarium to be\nlocated in any city, town or village shall be approved by the cemetery\nboard when such mausoleum or columbarium shall be the only form of\ninterment offered by a cemetery corporation, unless a management\ncontract has been entered into with an existing cemetery corporation\nregulated under this article, that will provide operational management\nof the mausoleum or columbarium, and the owner of the mausoleum or\ncolumbarium has reserved interment space and secured interment services\nin a cemetery regulated under this article, in order to assure continued\nperpetual care of the remains contained in the mausoleum or columbarium\nshould such mausoleum or columbarium become abandoned or choose to cease\noperations.\n (n) The provisions of this section shall not operate to prevent any\ntwo cemeteries located in Suffolk county with contiguous or adjacent\nland dedicated for cemetery purposes and previously operating as public\ncemetery corporations, from effectuating a merger of such cemeteries\nwhere their total acreage does not exceed three hundred twenty-five\nacres.\n