New York Laws
Title 21 - River Regulation by Storage Reservoirs
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.