LD 1029
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LD 1029 Title Page An Act To Allow Municipalities To Acquire Title to Abandoned Cemeteries Page 2 of 2
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LR 1363
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30-A MRSA §3107 is enacted to read:

 
§3107. Abandoned cemeteries

 
1. Abandoned cemetery.__For purposes of this section,
"abandoned cemetery" means a cemetery in which no burial has been
made in the previous 40 years and the lots or grave sites of
which have not been maintained within the previous 10 years,
except for maintenance rendered by the municipality in which the
cemetery is located.

 
2. Acquisition by municipality.__A municipality may acquire an
abandoned cemetery, including ownership of any unoccupied lots or
grave sites in the cemetery.__The municipality shall use due
diligence in identifying any owners of the abandoned cemetery or
any of the cemetery's unoccupied lots or grave sites and provide
notice to the owners of the municipality's intention to acquire
the abandoned cemetery. If a municipality cannot locate an owner
pursuant to this subsection, the municipality shall publish
notice of its intention to acquire the abandoned cemetery for 3
successive weeks in a newspaper having general circulation in the
county in which the municipality is located.

 
3. Notice. The notice required in subsection 2 must give a
basic description of the abandoned cemetery by referencing the
municipality's tax maps, set a date and place where objections to
the acquisition of the abandoned cemetery by the municipality
will be received and heard and, if there are unoccupied lots or
grave sites in the abandoned cemetery, state the municipality's
intention to acquire the unoccupied lots or grave sites.

 
4. Reassertion by owner. If an owner who receives notice under
subsection 2 objects to the municipality's acquisition of the
abandoned cemetery or an unoccupied lot or grave site in the
cemetery, the owner must in writing object and reassert the
owner's right of ownership over the abandoned cemetery or
unoccupied lot or grave site within 14 days of the date of the
notice.__An owner who reasserts ownership rights under this
subsection shall promptly conform to all municipal ordinances
concerning the abandoned cemetery or unoccupied lot or gravesite.

 
5. Reversion to municipality. Title to an abandoned cemetery
and any unoccupied lots or grave sites described in the notice
required under subsection 2 reverts to the municipality if an
objection by an owner of the abandoned cemetery or unoccupied lot
or grave site within the cemetery is not received by the 15th day
after notice is sent to an identified owner or the last notice is
published in a newspaper of general circulation as required under
subsection 2.__After title has reverted pursuant to this


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