senate Bill S5678

2013-2014 Legislative Session

Relates to the reacquisition of abandoned cemetery plots

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 21, 2013 referred to corporations, authorities and commissions
Jun 20, 2013 delivered to assembly
passed senate
Jun 17, 2013 ordered to third reading cal.1404
committee discharged and committed to rules
Jun 04, 2013 referred to corporations, authorities and commissions

Co-Sponsors

S5678 - Details

Current Committee:
Law Section:
Religious Corporations Law
Laws Affected:
Add ยง8-a, Rel Corp L

S5678 - Summary

Relates to the reacquisition of abandoned cemetery plots by religious cemetery corporations.

S5678 - Sponsor Memo

S5678 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5678

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 4, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the religious corporations law, in relation to the reac-
  quisition of abandoned cemetery plots

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The religious corporations law is amended by adding  a  new
section 8-a to read as follows:
  S  8-A.  REACQUISITION OF A LOT, PLOT OR PART THEREOF BY A CEMETERY. A
RELIGIOUS CEMETERY CORPORATION MAY, UPON APPLICATION AND APPROVAL  BY  A
SUPREME  COURT,  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 THER-
EOF  CAN  BE IDENTIFIED AFTER A REASONABLE SEARCH CONDUCTED BY THE RELI-
GIOUS 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  INFORMA-
TION 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11162-01-3

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