45:27-34 - Lease, transfer of land, interest in land
45:27-34 Lease, transfer of land, interest in land.
34. a. A cemetery may lease or transfer any land or interest in land dedicated to cemetery purposes if:
(1)it has not conveyed any part of the land as graves;
(2)it determines that the land or the interest in the land to be transferred is not necessary or not suitable for burial purposes or it determines that the land to be leased will not be necessary for burial purposes during the term of the lease; and
(3)the land is owned by a cemetery company and the board approves the transaction as made in good faith and for fair consideration.
b.The cemetery may transfer land in which any person has acquired a right of burial, if:
(1)the cemetery either refunds to the person who has the right of burial the amount paid for the right or conveys to the person who has the right of burial substantially similar graves in the cemetery; and
(2)the land is owned by a cemetery company and the board approves the transaction as made in good faith and for fair consideration.
c.A cemetery may transfer land in which human remains have been buried only if the cemetery:
(1)receives consent from the owner of each grave in which human remains have been buried or an order from the Superior Court to remove the human remains;
(2)removes the human remains and reburies them in substantially similar graves in the cemetery or in another cemetery and assumes the responsibility and expense for removal and reburial;
(3)removes any property of the owner from the grave and gives it to the owner; and
(4)if owned by a cemetery company, obtains the written consent of the board.
d.The Superior Court shall not approve the removal of human remains from lands to be transferred unless notice and an opportunity to be heard in opposition has been given to the owners of all affected graves. If the owner of a grave is not known or cannot be located, the court may order notice by publication.
e.The deed of conveyance for any transfer of cemetery land under this section shall include a perpetual prohibition on any use of the land, directly or indirectly, for any of the purposes or uses which cemetery companies are specifically prohibited from engaging in by this act. Any lease of cemetery land under this section shall prohibit any use of the land, directly or indirectly, for any of the purposes or uses which cemetery companies are specifically prohibited from engaging in by this act. The board shall order not less than 15% of the proceeds of the sale or lease deposited in the Maintenance and Preservation Fund.
f.If the transfer of land results from condemnation, the responsibility and expense for removal and reburial shall be borne by the condemnor, not by the cemetery.
L.2003,c.261,s.34.