HOUSE BILL 71

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO CEMETERIES; PROVIDING FOR ACQUISITION OF ABANDONED CEMETERIES BY MUNICIPALITIES; ENACTING A NEW SECTION OF CHAPTER 3, ARTICLE 40 NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 3, Article 40 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ACQUISITION OF ABANDONED CEMETERIES--NOTICE--OBJECTIONS--VESTING OF TITLE.--

          A. Notwithstanding the limits found in Section 3-40-9 NMSA 1978, a municipality may acquire an abandoned cemetery, including ownership of any unoccupied lots or grave sites in the cemetery. To acquire ownership of the cemetery, the municipality shall:

                (1) use due diligence to identify any owners of the abandoned cemetery or any owners of the cemetery's unoccupied lots or grave sites; and

                (2) provide written notice to any owners of the abandoned cemetery or any owners of the cemetery's unoccupied lots or grave sites of the municipality's intent to acquire the abandoned cemetery. If the owner cannot be located, the municipality shall publish notice of its intention to acquire the abandoned cemetery for three successive weeks in a newspaper of general circulation in the county in which the municipality is located.

          B. The notice required in Paragraph (2) of Subsection A of this section shall include a description of the abandoned cemetery by reference to the municipality's tax maps, set a date and place where objections to the acquisition of the abandoned cemetery by the municipality will be received and heard and, if there are unoccupied lots or grave sites in the abandoned cemetery, state the municipality's intention to acquire the unoccupied lots or grave sites.

          C. An owner who receives notice pursuant to Paragraph (2) of Subsection A of this section may object to the municipality's acquisition of the abandoned cemetery or an unoccupied lot or grave site in the cemetery by providing written or oral notice to the municipality of the objection and reasserting the owner's right of ownership over the abandoned cemetery or unoccupied lot or grave site within fourteen days of the date of notice. An owner who reasserts ownership rights under this subsection shall promptly conform to all municipal ordinances concerning the abandoned cemetery or unoccupied lot or grave site.

          D. If no objection is received by the municipality within fifteen days after notice is given, title to the abandoned cemetery and any unoccupied lots or grave sites shall vest in the municipality providing the notice. The municipality shall record confirmation of the acquisition of the abandoned cemetery, including a basic description of the cemetery, in the land records of the county in which the municipality is located.

          E. After title to an abandoned cemetery is vested with a municipality, the municipality shall maintain title to the cemetery, continue using the cemetery land as a cemetery and maintain the characteristics of the cemetery. The municipality may work with a local cemetery board, established in accordance with Section 3-40-2 NMSA 1978, to manage the cemetery.

          F. As used in this section, "abandoned cemetery" means a cemetery in which the lots or grave sites have not been maintained for the previous ten years, except for maintenance rendered by the municipality in which the cemetery is located, and no burial has been made or lots sold in the previous forty years."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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