N.Y. Environmental Conservation Law § 15-2117: Cemeteries

§ 15-2117. Cemeteries.

1. Whenever for the purposes of title 21 of this article it shall be

necessary to use any portion of any lands or premises now occupied by

graves, burial places, cemeteries, or other places of interment of human

remains, the board may acquire the same in the same manner as other real

estate may be acquired by it. Provided, however, that if lands or

premises so occupied and sought to be acquired are not within a cemetery

under the actual control and management of a then existing religious or

cemetery corporation, and proceedings shall have been instituted by the

board for their acquisition under the eminent domain procedure law, the

court, if satisfied at any stage of the proceedings, that the public

interests will be prejudiced by delay, may, by order, direct that the

board may enter immediately on such lands and premises, and, after the

provisions of subdivisions 4 through 8 of this section and sections 304

and 404 of the eminent domain procedure law have been complied with, may

devote the same to the public use specified in the petition, upon

deposit with the court of a sum to be fixed by the court; but no such

order shall be made except upon notice of the application therefor

served and posted as hereinafter provided.

2. Such notice shall be served as follows: If any of the owners or

their places of residence are unknown, notice addressed, generally, to

all owners of and persons interested in the lands used for graves,

burial places, cemetery purposes or places of interment within a certain

lot, tract or parcel of land, to be described with sufficient certainty

to identify it, shall be published in the time and manner prescribed by

subdivisions 4 through 8 with respect to the notice therein provided

for. Owners, if any, whose names and places of residence are known and

who reside within the state, shall be served with such notice personally

or by leaving the notice at the abode of the owner to be served, with a

person of suitable age and discretion residing therein. Owners, if any,

whose names and places of residence are known and who reside without the

state, shall be served with such notice by mail, the notice to be

deposited in a post office in the state, addressed to the owner to be

served, and inclosed in a securely sealed postpaid wrapper. The notice

also shall be posted conspicuously in ten places in each town in which

the lands are located, at least twenty days before the time of making

the application. If the notice be published, the time for making the

application shall be not less than eight days nor more than sixteen days

after the last publication, and in any case personal service, if any, or

service by leaving at the owner's abode, shall be made at least eight

days, and service by mail, if any, at least thirty days, before the time

of making the application. If, in the condemnation proceeding, an

attorney has been appointed by the court to represent defendants served

with the original notice otherwise than personally, under the eminent

domain procedure law, the notice also shall be served on him, at least

eight days before the time of making the application.

3. The notice shall specify the relief sought and the time and place

of making the application. The papers or proofs submitted to the court

on the application shall include due proofs of the service and posting

of the notice and proof, by affidavit, that the persons, if any, served

personally or by leaving at their abodes or by mail constitute all of

the owners of and persons interested in the lands so occupied whose

names and places of residence are known, or, if none were so served,

that all of the owners are unknown, and if certain owners were known but

not their places of residence, and therefore were not served, personally

or by mail, that fact and the names of such owners shall be stated. Such

affidavit also shall set forth the extent of the inquiry to ascertain

the names and places of residence of the owners. The provisions of the

eminent domain procedure law, as to matter subsequent to the deposit of

such moneys shall apply hereto, except that the general fund of the

district shall be applicable to the payment of any deficiency judgment

rendered pursuant to such section.

4. The board having so acquired title, or the right of immediate

entry, shall cause to be published in two newspapers in the county where

such burial place or places or graves are situated, which shall in its

judgment be best calculated to notify the persons or parties interested

or entitled to such notice, which notice shall describe the location of

such burial place, cemetery or grave in such manner as to sufficiently

identify the same. Such publication shall be made once in each week in

each of the newspapers for the space of four weeks, and such notice

shall also contain a statement to the effect that any person or persons

legally entitled to direct as to the disposition of any such remains may

remove the same to any other cemetery or burial place within sixty days

after the last publication of such notice, if they so elect, but without

expense to the board therefor. From and after the period of sixty days

from the last date of publication, the board shall advertise in the

state paper and a newspaper published in the county or counties in which

the cemetery or cemeteries are situated for bids for the removal of such

remains by contract, and their proper reinterment as hereinafter

provided.

5. All removals and transportation of such human remains shall be done

in accordance with the provisions of the Public Health Law and the local

rules or ordinances of any town, city or village wherein such cemetery,

burial ground or graves shall be located or wherein any of such remains

may be reinterred. The board may acquire such other lands as it deems

necessary within the county or in an adjoining county where such burial

place or places or graves are now located for the purpose of properly

reinterring such removed remains, which lands shall be acquired in the

same manner as provided by title 21 of this article for the acquisition

of other lands, title to be taken in the name of the particular river

regulating district, but lands shall not be acquired within the

corporate limits of a village or city except within the bounds of an

existing cemetery unless by consent of the board of trustees of the

village or common council of the city or other authorities within such

village or city occupying similar positions as trustees or aldermen

respectively.

6. The lands so acquired shall be suitable and properly fenced or

inclosed, and in such manner as to permit of proper ingress and egress

thereto before the final completion and payment for such work, and the

expense therefor shall be included within the estimate and contract for

such removal. All the bodies removed by such contractor, or by order of

the board shall, when distinguishable, be incased each in a separate box

or coffin, and each monument, headstone, footstone, slab, board or other

designation or distinguishing mark shall be properly removed and reset

at the grave of each body at the time of such reinterment. Members of

the same family shall be interred in contiguous graves.

7. Whenever any person or persons legally entitled to direct as to the

disposition of any remains now interred in such cemeteries, burying

place or graves shall request the board, in writing, to reinter such

remains in any other cemetery or burial plot, within the same county

where such cemetery, burial place or graves sought to be removed are

located or in an adjoining county, the board shall cause such remains to

be interred where requested within the same county or in an adjoining

county, and shall carefully and properly remove such remains to such

burial plot and properly reinter the same, but no payment shall be made

for a grave or graves or burial plot for such reinterment other than

that acquired by the board as hereinbefore provided. Whenever any person

or persons legally entitled to direct as to the disposition of any human

remains exhumed or to be exhumed from any cemetery, burial place or

graves as herein provided, desire to remove the same for reinterment to

any burial plot or cemetery not within the same county from which such

remains were exhumed or in an adjoining county as herein provided, such

person or persons so entitled to designate such other burial place or

plot shall be permitted to remove such exhumed remains from such county,

subject to the written consent of the board and the provisions of the

Public Health Law, and the local rules or ordinances of any town, city

or village wherein such cemetery, burial ground or graves shall be

located, or wherein such human remains may be reinterred, but no portion

of the expense of such transportation or burial in another county other

than an adjoining county shall be borne by the board. The board shall

pay all expenses connected with such removal, out of the general fund of

the district in the same manner as other payments are made.

8. Whenever any lands acquired by the board for the purposes of

reinterment of human remains as herein provided, and all the remains so

interred have been exhumed from a cemetery, burial place or grave

belonging to a corporation organized under the Religious Corporations

Law, the Membership Corporations Law, the Not-For-Profit Corporation

Law, or by special act, or belonging to a town or board of trustees

elected pursuant to the provisions of the Town Law, or to a village or

city, the board shall by a proper resolution, after completion and

acceptance thereof and final payment for all work performed as provided

in this section, execute and deliver in the name of the district, and

without expense to the grantee therefor, to the trustees or other

governing body of such corporation, by whatsoever name or title they may

hold office, or to the board of trustees of a town burial ground, or to

a duly incorporated cemetery association, and to their successors in

office, a quitclaim deed covering the lands so acquired, together with

all structures erected thereon; and where such lands were so acquired

for the purposes of reinterment of human remains exhumed from a public

or private cemetery, burial place or grave which shall have been used by

the inhabitants of any town in this state as a cemetery or burial ground

for the space of fourteen years and not having a board of trustees

pursuant to the provisions of the Town Law, the board shall by proper

resolution as provided by title 21 of this article, after completion and

acceptance thereof, and final payment for all work as by this section

provided, execute and deliver in the name of the board, and without

expense to the grantee therefor, a quitclaim deed or other proper

release to such town wherein such lands so acquired as provided by this

section may be situated, and such cemetery or burial place shall from

and after the execution and delivery thereof be deemed to be vested in

such town, and shall be subject in the same manner as other corporate

property of towns, to the government and direction of the electors in

town meeting, excepting, however, that where such lands so acquired for

the purposes set forth in this section are situate within the corporate

limits of a village or city, such quitclaim deed or release herein

provided for shall be executed and delivered to such village or city and

thereafter be and become the property of such village or city and

subject to the laws governing such village or city, and further

excepting, however, that the board, subject to the approval of the town

board, or city or village authorities herein referred to, shall have the

right to convey such lands so acquired, together with all structures

erected thereon, to a duly incorporated cemetery association. From and

after the date of the execution and delivery by the board, as by this

section provided, of the quitclaim deed or release, the board shall be

deemed to be divested of all right and title to such lands so

quit-claimed or released and shall not thereafter be liable for the

care, custody, maintenance and control thereof. This section does not

limit any existing rights of burial, or removal of remains under other

provisions of law applicable thereto.