§ 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 t
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.