LD 1029
pg. 2
Page 1 of 2 PUBLIC Law Chapter 225 LD 1029 Title Page
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LR 1363
Item 1

 
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
subsection, the municipality shall record a confirmation of the
acquisition of the abandoned cemetery, including a basic
description of the cemetery referencing the municipality's tax
maps, in the registry of deeds in the county in which the
cemetery is located.

 
6.__Maintenance of title and characteristics.__Once title to
an abandoned cemetery has been recorded by a municipality, that
municipality shall maintain the title in perpetuity and may never
transfer title to the cemetery.__The municipality shall also
maintain the characteristics of the cemetery with no change in
use of the cemetery land.

 
7.__Survey and preservation plan.__Prior to acquiring an abandoned
cemetery under this section, a municipality may cause a survey to be done
of the cemetery for which it is acquiring title in order to ascertain the
true extent of the cemetery.__The municipality may develop a preservation
plan with guidance from a local cemetery corporation or association and
local or state archaeologists.


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