§ 1513-a. Reacquisition of a lot, plot or part thereof by a cemetery

corporation.

A cemetery corporation may, upon application and approval by the
cemetery board, reacquire, resubdivide, and resell a lot, plot or part
thereof under the following circumstances:

(a)(i) If the records of the corporation demonstrate that the lot,
plot or part thereof was purchased more than seventy-five years prior to
the application of the corporation; and (ii) if no burials have been
made in the lot, plot or part thereof or all the bodies therein have
been lawfully removed; and (iii) if neither the owner or owners of the
lot, plot or part thereof nor any person having a credible claim to
ownership who has visited, made payments in respect of or engaged in any
other proprietary activities with respect to the lot, plot or part
thereof can be identified after a reasonable search conducted by the
cemetery corporation, it shall be conclusively presumed that the owner
or owners of the lot, plot or part thereof have abandoned their burial
rights. A reasonable search consists of a search of: (1) all cemetery
records to determine the name of the owner or owners of the lot, plot or
part thereof, their last known addresses and all information available
to the cemetery relating to any person buried in the lot, plot or part
thereof and the names and last known addresses of any persons making
inquiry about or visiting the lot, plot or part thereof; (2) a search
for the death certificates and the probated wills of the owner or owners
of the lot, plot or part thereof; (3) the posting of notice by the
cemetery at the entrance to the cemetery and in the cemetery office, if
any, of its intention to declare the lot, plot or part thereof
abandoned; (4) the mailing of such notice certified mail with return
receipt requested to the owner or owners of the lot, plot or part
thereof and each person identified during the reasonable search at their
last known addresses; (5) publication of such notice once in each week
for three successive weeks, in two newspapers of regular commercial
circulation by subscription and/or newsstand sale, to be designated by
the county clerk of the county where the cemetery is located which in
his or her judgement, given the ethnic, religious, geographic or other
related demographic characteristics of the owner or owners of the lot,
plot or part thereof and each person identified through the reasonable
search and the predominant readership of such newspapers are best
calculated to inform the owner or owners of the lot, plot or part
thereof and each person identified through the reasonable search of any
application pursuant to the provisions of this section; and (6) the
preparation of an affidavit describing the steps taken by the cemetery
corporation to ascertain the identity of and to contact the current
owner or owners of the lot, plot or part thereof or next-of-kin thereof
or any other persons identified in the course of the reasonable search
who might have relevant information and the results of such steps. After
the filing with the cemetery board of proof of compliance with the above
requirements in form and substance reasonably satisfactory to such board
and upon approval by the cemetery board, the lot, plot or part thereof
may be resold by the cemetery to any party in compliance with the
cemetery rules and regulations provided, however, that any monument
subsequently placed on such lot, plot or part thereof shall conform to
the general appearance of any existing monuments in said section of
lots, plots or parts thereof, if any.

(b) If (i) the circumstances described in paragraph (a) of this
section exist except that one or more burials have been made in a lot,
and the last burial was made more than seventy-five years prior to the
application, (ii) the lot, plot or part thereof can be subdivided to
create new graves, (iii) the bodies have not been lawfully removed, and
(iv) the cemetery submits an application to the cemetery board which
complies with the requirements set forth in paragraph (a) of this
section, it shall be conclusively presumed that the lot owner has
abandoned the right to make further burials in the lot, the lot may be
subdivided, and the resubdivided lot, plot or parts thereof which do not
contain the remains of the deceased persons may be resold by the
cemetery corporation as provided in this section. Nothing in this
section shall permit a cemetery corporation to declare abandoned a lot,
plot or part thereof, where such lot, plot or part thereof was purchased
for multiple depth burials and where one or more burials has occurred or
authorized a cemetery corporation to remove a monument or other
embellishment to facilitate the resale of such lot, plot or part
thereof, except as provided by section fifteen hundred ten of this
article.

(c) If the owner or owners of a lot, plot or part thereof can be
identified, the cemetery corporation, with the consent of the owner or
owners of the lot, plot or part thereof, the lot, plot or part thereof
may be resubdivided, and the resubdivided lot, plot or part thereof
which does not contain the remains of deceased persons may be resold by
the cemetery corporation, provided, however, if no burial has been made
in the lot, plot or part thereof, in the twenty-five year period
preceding such application, the owner of a lot, plot or part thereof has
notified his or her parents, spouse, issue, brothers, sisters,
grandparents, and grandchildren, if any, of the application to the
cemetery board, and provided further, however, if a burial has been made
in this lot, plot or part thereof during such twenty-five year period,
the spouse and issue of such deceased person are also notified, and
provided further, in either case the owner of the lot, plot or part
thereof satisfies the cemetery board that none of the persons notified
have agreed within forty-five days of notification to purchase the lot,
plot or part thereof at the price provided under paragraph (c) of
section fifteen hundred thirteen of this article.

(d) Upon the sale of a lot, plot or part thereof reacquired by the
corporation under the provisions of paragraph (a), (b), or (c) of this
section, thirty-five percent of the net proceeds shall be placed in the
permanent maintenance fund and sixty-five percent shall be placed in the
current maintenance fund. Provided, however, that if their property was
reacquired under paragraph (i) of this section, thirty-five percent of
the net proceeds shall be placed in the permanent maintenance fund,
fifty percent shall be placed in the current maintenance fund and
fifteen percent shall be placed in a perpetual care fund which the
cemetery shall establish in the name of the defunct society for the
exclusive purpose of maintenance of the grounds on which the graves were
reacquired.

(e) If the owner of the lot, plot or part thereof is subsequently
identified, the cemetery corporation shall: (i) return all unsold lots,
plots or parts thereof if any, to the owner if so requested; and (ii)
with respect to any lots, plots or parts thereof that have been sold
pursuant to this section, at the option of the owner of the lot, plot or
part thereof; either (1) provide the owner, at no cost to the owner,
with a lot, plot or part thereof comparable to any lot, plot or part
thereof that was sold by the cemetery corporation or (2) provide the
owner with the proceeds from the sale of the lot, plot or part thereof
reacquired under this section with interest thereon from the date of the
sale at six percent per annum.

(f) The provisions of this section shall not apply to a lot, plot or
part thereof whose record owner is a religious burial society.

(g) The provisions of this section shall not violate the burial
requirements of sectarian sections of cemetery corporations.

(h) Monuments to be erected on a lot, plot or parts thereof, following
the resale of a lot, plot or part thereof, shall conform to the rules
and regulations or other requirements of the cemetery corporation and
shall conform to the size, style and type of monuments in the section of
the cemetery where such resale occurs.

(i) A cemetery corporation may, upon application and approval by the
cemetery board, reacquire, resubdivide, and resell a lot, plot or part
thereof formerly owned by a nonsectarian burial society under the
following circumstances:

(1) If the cemetery corporation has received a request to make a
burial on the grounds of a nonsectarian burial society and the
provisions of paragraph (h) of section fifteen hundred twelve of this
article had to be invoked to make the burial then the cemetery
corporation may, at its discretion, commence the process of reacquiring
the unused graves on the grounds of the nonsectarian burial society,
except that any graves that have been reserved for individuals where
such reservations have been recorded on the books and records of the
cemetery corporation shall be exempt from reclamation; or

(2) If routine mailings or proxy mailings are sent to the officers of
record of a nonsectarian burial society and such mailings are returned
by the post office, the cemetery corporation may, at its discretion,
make a second mailing by certified mail return receipt requested to each
officer of record of the nonsectarian burial society as recorded on the
cemetery's books and records and, if each of these mailings is returned
by the post office, the cemetery corporation may, at its discretion,
commence the process of reacquiring the unused graves on the grounds of
the nonsectarian burial society, except that any graves that have been
reserved for individuals where such reservations have been recorded on
the books and records of the cemetery corporation shall be exempt from
reacquisition.

(j) If a cemetery corporation has decided to commence the process of
reacquiring graves owned by a nonsectarian burial society it shall:

(1) send by certified mail return receipt requested to each individual
who has engaged in proprietary activities in connection with graves on
the grounds of a nonsectarian burial society, seeking the names and
addresses of any current officers of the nonsectarian burial society and
informing those individuals of the cemetery corporation's intentions of
reacquiring the unused graves on the grounds of the nonsectarian burial
society;

(2) send by certified mail return receipt requested to each individual
who has a grave reserved or deeded to them a letter seeking the names
and addresses of any current officers of the nonsectarian burial society
and informing such individuals of the cemetery corporation's intentions
or reacquiring the unused graves on the grounds of the nonsectarian
burial society;

(3) post a notice as provided in clause three of subparagraph (iii) of
paragraph (a) of this section;

(4) publish a notice as provided in clause five of subparagraph (iii)
of paragraph (a) of this section;

(5) prepare and submit an affidavit as provided in clause six of
subparagraph (iii) of paragraph (a) of this section; and

(6) upon the sale of any grave or graves on the grounds of the
nonsectarian burial society which have been reacquired by the cemetery
corporation, the cemetery corporation shall distribute the net proceeds
of the sale as provided in paragraph (d) of this section.

(k) The cemetery corporation shall delay the sale of ten percent of
the graves it reacquires from the nonsectarian burial society for twenty
years as a reserve in the event an individual or individuals are
identified who have a valid claim for burial on the grounds of the
nonsectarian burial society.

(l) At the time the graves that have been reacquired by a cemetery
corporation from a nonsectarian burial society are sold, the contract of
sale shall contain a clause in bold type which specifies that the
monuments to be erected on such lot, plot or part thereof, shall conform
to the size, style and type of monuments in the section of the cemetery
where such graves are located.