Relates to the reacquisition of abandoned cemetery plots by a Catholic religious cemetary corporation

1 Co-sponsor

• Simcha Felder

BILL NUMBER:S5831

Title of bill

An act to amend the religious corporations law, in relation to the reacquisition of abandoned cemetery plots

Purpose

To give Catholic religious cemetery corporations the same ability as not-for-profit cemetery corporations to obtain approval, under specific circumstances, to reacquire, re-subdivide and resell old lots, plots or parts thereof which are determined to be abandoned.

Summary of provisions

This bill would add a new Section 93 to the Religious Corporations Law to allow a Catholic religious cemetery corporation - upon application to, and approval by, a Supreme Court - to reacquire, re-subdivide and resell a lot, plot or part thereof which is determined to be abandoned. Applications may be made in regard to lots and plots purchased more than 75 years ago if no burials have been made or if all the bodies have been lawfully removed and if neither the owners nor any person having a credible claim can be identified after a reasonable search. Specifies the steps to be taken in conducting a reasonable search. If a burial was made in such a lot more than 75 years ago, the corporation may apply to a Supreme Court to subdivide the lot or plot to create new graves.

This bill would further provide that the net proceeds of any sale shall be placed in a trust designated to provide future maintenance of the cemetery. Specifies reimbursement options in case an owner is subsequently identified. Provides that any monuments to be erected on any such lot shall conform to the size, style and type of monuments in that section of the cemetery.

Justification

In 2003, Section 1513-a of the Not-For-Profit Corporation Law was enacted to give not-for-profit cemetery corporations the ability to reacquire and resell abandoned lots. In adopting this law, the State recognized that there were numerous instances where such cemeteries were filling to capacity and were facing questions and concerns about their continued financial viability. The reacquisition of these properties allows cemeteries to re-subdivide and resell the abandoned lots, thereby maximizing the use of their grounds and increasing their sustainability.

This bill would provide Catholic religious corporation cemeteries with the same ability as not-for-profit corporation cemeteries to reacquire abandoned cemetery lots. A religious cemetery, if not sustainable, produces a similar financial burden for its upkeep but, unlike a not-for-profit cemetery, such burden cannot be passed on to the local municipality and must be addressed by other funds. Supporting cemeteries which cannot generate additional revenue hurts other aspects of the religious entity's infrastructure and negatively impacts other efforts.

This bill would create in the Religious Corporations Law a similar ability for Catholic cemeteries to reacquire lots, plots, or parts

thereof. Approval would have to be obtained from a State Supreme Court justice. A cemetery must reasonably search appropriate records for any burials or owners of such lot, plot, or part thereof, and the bill prescribes under what circumstances a Supreme Court can approve reacquisition by a religious corporation cemetery. Any revenues obtained from such sales must be placed in a trust designated to provide future maintenance of the cemetery.

Prior legislative history

This is a new bill.

Budget implications

None noted.

Effective date

This act would take effect 30 days after it shall have become a law.