senate Bill S5831

2013-2014 Legislative Session

Relates to the reacquisition of abandoned cemetery plots by a Catholic religious cemetary corporation

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 20, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
ordered to third reading cal.1518
Jun 17, 2013 referred to rules

Co-Sponsors

S5831 - Details

See Assembly Version of this Bill:
A7610A
Law Section:
Religious Corporations Law
Laws Affected:
Add ยง93, Rel Corp L

S5831 - Summary

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

S5831 - Sponsor Memo

S5831 - Bill Text download pdf

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

                                  5831

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sens.  FARLEY, FELDER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

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 93 to read as follows:
  S 93. REACQUISITION OF A LOT, PLOT OR PART THEREOF BY A CATHOLIC RELI-
GIOUS CEMETERY CORPORATION.  A CATHOLIC RELIGIOUS  CEMETERY  CORPORATION
MAY, UPON APPLICATION AND APPROVAL BY A SUPREME COURT, REACQUIRE, RESUB-
DIVIDE,  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 CATHOL-
IC  RELIGIOUS  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.
                                                           LBD11162-04-3

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