Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 114 of the General Laws is hereby amended by striking out section 3A, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-

Section 3A. No cemetery corporation created by special charter or organized under the provisions of section one shall take over ownership of an unoccupied grave unless a minimum of seventy-five years has elapsed after issuance of a license for the grave by the cemetery corporation or its predecessor in interest; and the cemetery corporation cannot locate the license holder or the holder's successor in interest after making a diligent search. If ownership of the license is ascertained after such a taking occurs, then the cemetery corporation shall pay the fair value of the license at the time of its taking to the owner.

No cemetery corporation created by special charter or organized under the provisions of section one shall reuse an occupied grave except: upon the request and with the consent of a relative or descendant of the decedent occupying the grave, providing no other descendant objects; to provide for the burial of a relative or descendant of the decedent occupying the grave; and if the remains of the decedent occupying the grave will remain in the grave. The municipality where the cemetery is located shall determine, by by-law or ordinance, the method to be used in reusing such occupied graves and may reasonably limit the circumstances under which such reuse can occur.

SECTION 2. Said chapter 114 is hereby further amended by striking out section 10A, as so appearing, and inserting in place thereof the following section:-

Section 10A. No municipality shall take over the ownership of an unoccupied grave unless a minimum of seventy-five years has elapsed after issuance of a license for the grave by the municipality or its predecessor in interest; and the municipality cannot locate the license holder or the holder's successor in interest after making a diligent search. If ownership of the license is ascertained after such a taking occurs, then the municipality shall pay the fair value of the license at the time of its taking to the owner.

No municipality shall reuse an occupied grave except: upon the request and with the consent of a relative or descendant of the decedent occupying the grave, providing that no other descendant objects; to provide for the burial of a relative or descendant of the decedent occupying the grave; and if the remains of the decedent occupying the grave will remain in the grave. The municipality shall determine, by by-law or ordinance, the method to be used in reusing such occupied graves and may reasonably limit the circumstances under which such reuse can occur.