§ 8-A — Reacquisition of a lot, plot or part thereof by a cemetery

§ 8-a. Reacquisition of a lot, plot or part thereof by a cemetery. A\nreligious cemetery corporation may, upon application and approval by a\nsupreme court, reacquire, resubdivide, and resell a lot, plot or part\nthereof under the following circumstances:\n (a)(i) If the records of the corporation demonstrate that the lot,\nplot or part thereof was purchased more than seventy-five years prior to\nthe application of the corporation; and (ii) if no burials have been\nmade in the lot, plot or part thereof or all the bodies therein have\nbeen lawfully removed; and (iii) if neither the owner or owners of the\nlot, plot or part thereof nor any person having a credible claim to\nownership who has visited, made payments in respect of or engaged in any\nother proprietary activities with respect to the lot, plot or part\nthereof can be identified after a reasonable search conducted by the\nreligious cemetery corporation, it shall be conclusively presumed that\nthe owner or owners of the lot, plot or part thereof have abandoned\ntheir burial rights. A reasonable search consists of a search of: (1)\nall cemetery records to determine the name of the owner or owners of the\nlot, plot or part thereof, their last known addresses and all\ninformation available to the cemetery relating to any person buried in\nthe lot, plot or part thereof and the names and last known addresses of\nany persons making inquiry about or visiting the lot, plot or part\nthereof; (2) a search for the death certificates and the probated wills\nof the owner or owners of the lot, plot or part thereof; (3) the posting\nof notice by the cemetery at the entrance to the cemetery, at the site\nof the lot, plot or part thereof to be reacquired and in the cemetery\noffice, if any, of its intention to declare the lot, plot or part\nthereof abandoned; (4) the mailing of such notice certified mail with\nreturn receipt requested to the owner or owners of the lot, plot or part\nthereof and each person identified during the reasonable search at their\nlast known addresses; (5) publication of such notice once in each week\nfor three successive weeks, in two newspapers of regular commercial\ncirculation by subscription and/or newsstand sale, to be designated by\nthe county clerk of the county where the cemetery is located which in\nhis or her judgment, given the ethnic, religious, geographic or other\nrelated demographic characteristics of the owner or owners of the lot,\nplot or part thereof and each person identified through the reasonable\nsearch and the predominant readership of such newspapers are best\ncalculated to inform the owner or owners of the lot, plot or part\nthereof and each person identified through the reasonable search of any\napplication pursuant to the provisions of this section; and (6) the\npreparation of an affidavit describing the steps taken by the religious\ncemetery corporation to ascertain the identity of and to contact the\ncurrent owner or owners of the lot, plot or part thereof or next-of-kin\nthereof or any other persons identified in the course of the reasonable\nsearch who might have relevant information and the results of such\nsteps. After the filing with the supreme court of proof of compliance\nwith the above requirements in form and substance reasonably\nsatisfactory to such supreme court and upon approval by the supreme\ncourt, the lot, plot or part thereof may be resold by the cemetery to\nany party in compliance with the cemetery rules and regulations\nprovided, however, that any monument subsequently placed on such lot,\nplot or part thereof shall conform to the general appearance of any\nexisting monuments in said section of lots, plots or parts thereof, if\nany.\n (b) If (i) the circumstances described in subdivision (a) of this\nsection exist except that one or more burials have been made in a lot,\nand the last burial was made more than seventy-five years prior to the\napplication, (ii) the lot, plot or part thereof can be subdivided to\ncreate new graves, (iii) the bodies have not been lawfully removed, and\n(iv) the cemetery submits an application to the supreme court which\ncomplies with the requirements set forth in subdivision (a) of this\nsection, it shall be conclusively presumed that the lot owner has\nabandoned the right to make further burials in the lot, the lot may be\nsubdivided, and the resubdivided lot, plot or parts thereof which do not\ncontain the remains of the deceased persons may be resold by the\nreligious cemetery corporation as provided in this section. Nothing in\nthis section shall permit a religious cemetery corporation to declare\nabandoned a lot, plot or part thereof, where such lot, plot or part\nthereof was purchased for multiple depth burials and where one or more\nburials has occurred or authorized a religious cemetery corporation to\nremove a monument or other embellishment to facilitate the resale of\nsuch lot, plot or part thereof.\n (c) If the owner or owners of a lot, plot or part thereof can be\nidentified, the religious cemetery corporation, with the consent of the\nowner or owners of the lot, plot or part thereof, the lot, plot or part\nthereof may be resubdivided, and the resubdivided lot, plot or part\nthereof which does not contain the remains of deceased persons may be\nresold by the religious cemetery corporation, provided, however, if no\nburial has been made in the lot, plot or part hereof, in the twenty-five\nyear period preceding such application, the owner of a lot, plot or part\nthereof has notified his or her parents, spouse, issue, brothers,\nsisters, grandparents, and grandchildren, if any, of the application to\nthe supreme court, and provided further, however, if a burial has been\nmade in this lot, plot or part thereof during such twenty-five year\nperiod, the spouse and issue of such deceased person are also notified,\nand provided further, in either case the owner of the lot, plot or part\nthereof satisfies the supreme court that none of the persons notified\nhave agreed within forty-five days of notification to purchase the lot,\nplot or part thereof at the price which the religious cemetery\ncorporation shall certify under penalty of law shall be the price at\nwhich the lot, plot or part thereof shall be sold for after\nreacquisition. Any persons notified pursuant to this subdivision by the\nidentified owner or owners of the lot, plot or part thereof must agree\nto erect a monument of reasonable uniformity to the immediately\nsurrounding monuments as provided in subdivision (f) of this section\nbefore the persons notified may enter into an agreement to purchase the\nlot, plot or part thereof.\n (d) Upon the sale of a lot, plot or part thereof reacquired by a\nreligious cemetery corporation under the provisions of subdivision (a),\n(b), or (c) of this section, the net proceeds shall be placed in a trust\ndesignated to provide future maintenance of the cemetery.\n (e) If the owner of the lot, plot or part thereof is subsequently\nidentified, the religious cemetery corporation shall: (i) return all\nunsold lots, plots or parts thereof if any, to the owner if so\nrequested; and (ii) with respect to any lots, plots or parts thereof\nthat have been sold pursuant to this section, at the option of the owner\nof the lot, plot or part thereof, either (1) provide the owner, at no\ncost to the owner, with a lot, plot or part thereof comparable to any\nlot, plot or part thereof that was sold by the religious cemetery\ncorporation or (2) provide the owner with the proceeds from the sale of\nthe lot, plot or part thereof reacquired under this section with\ninterest thereon from the date of the sale at six percent per annum.\n (f) Monuments to be erected on a lot, plot or part thereof, following\nthe resale of a lot, plot or part thereof, shall conform to the rules\nand regulations or other requirements of the religious cemetery\ncorporation and shall conform to the size, style, and type of monuments\nin the section of the cemetery where such resale occurs.\n (g) No corporation shall utilize the reacquisition provisions of this\nsection in violation of such corporation's sectarian burial\nrequirements.\n