NY Env Conserv L § 15-2117 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 21 - River Regulation by Storage Reservoirs 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.