Business Regulation - Abandoned Cemeteries - Acquisition and Disposition
Summary
HB893 creates a new process for dealing with abandoned cemeteries located on private property. It authorizes a governmental unit to acquire, through condemnation, property containing an abandoned cemetery when the intent is to transfer that property to descendants of the people interred there, a descendant community organization, a nonprofit organization, or a veterans’ organization. The bill also defines key terms such as “abandoned cemetery,” “descendant community organization,” and “cultural affiliation,” and cross-references existing law on cultural affiliation in the Real Property Article.
After a governmental unit acquires such property, the bill requires timely and reasonable efforts to contact descendants of the deceased persons buried there to identify an appropriate transferee. It also allows eligible descendants or organizations to petition the court for transfer of the property, with the court required to decide the disposition within six months. Any recipient of the property must maintain and preserve the cemetery, and the governmental unit must preserve the cemetery until transfer is possible. If transfer cannot be accomplished within a reasonable time, the governmental unit may facilitate reinterment of human or pet remains to an operational cemetery.
Impact
The bill adds a new Section 5-806 to the Business Regulation Article and makes a conforming reference to the definition of cultural affiliation in the Real Property Article. In practical terms, it gives local or other governmental units a statutory mechanism to intervene when an abandoned cemetery lacks a responsible owner or clear title, while also creating a legal pathway for descendants and affiliated organizations to reclaim and preserve the site. It affects property acquisition, condemnation, cemetery preservation, and potential reinterment decisions involving abandoned burial grounds.
Sentiment
The bill appears to have been broadly supported. It was reported favorably with amendments by committee and passed the House on third reading by a wide margin, 129-1. That voting pattern suggests strong consensus that abandoned cemeteries should be protected and that a legal process is needed to resolve ownership and preservation issues.
Contention
The main policy tension in the bill is between governmental acquisition of abandoned cemetery property and the rights or interests of descendants, descendant community organizations, nonprofits, and veterans’ organizations to receive and preserve the property. Another potential point of concern is the use of condemnation authority, which can be sensitive even when used for preservation purposes. The bill also leaves some discretion to governmental units in determining what constitutes a “reasonable period of time” for transfer and when reinterment may be appropriate, which could raise implementation questions.