N.J. Admin. Code § 13:44J-5.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44J-5.7 - Reclamation of interment spaces or niches

(a) A cemetery may reclaim an individual interment space or niche sold prior to December 1, 1971 if:

1. No interment has been made in the grave or crypt and no inurnment has been made in the niche;

2. No provision for annual, endowed or special care or maintenance has been made; and

3. No burial has been made for 30 years in the plot that includes the interment space.

(b) A cemetery that intends to reclaim an individual interment space or niche pursuant to (a) above shall, prior to reclaiming such interment space or niche:

1. Send a certified letter, return receipt requested, to the owner of the interment space or niche, or any heirs of the owner listed in the cemetery's records, at the address listed in the cemetery's records, which informs the owner or heirs that they may prevent the cemetery from reclaiming the interment space or niche by sending a written objection to the cemetery company within 30 days; and

2. Publish a notice in a newspaper if the cemetery company cannot locate the owner of the interment space or niche, or any heirs of the owner listed in the cemetery's records, at the address listed in the cemetery's records. The newspaper's circulation shall include the county in which the interment space or niche is located. The notice shall indicate the owner and any heirs of the owner listed in the cemetery's records and contain the names of each deceased person buried in the plot that includes the interment space and the date of each burial, if these names and dates are ascertainable. The notice shall state that, in the absence of written objection received within 30 days from the publication of the notice, the vacant interment space or niche will be subject to sale.

(c) If the owner of the interment space or niche or the heirs of the owner fail to respond to the letter or notices sent pursuant to (b) above, the cemetery may sell the reclaimed interment space or niche no sooner than 30 days from the date of publication of the notice.

(d) The cemetery company shall deposit at least 75 percent of the gross proceeds received from the sale of the reclaimed interment space or niche in the Maintenance and Preservation Fund. Up to 25 percent of the gross proceeds of the sale of the reclaimed interment space or niche may be allocated by the cemetery to administrative costs, which shall include sales commission. The cemetery shall indicate these costs in its records, which shall be made available to the Board and the owner or the heirs of the owner upon request.

(e) A reclaimed interment space or niche shall be sold for the same price as other interment spaces or niches in the section in which the interment space or niche sold is located. If there are no interment spaces or niches available for sale in the section in which the reclaimed interment space or niche is located, the reclaimed interment space or niche shall be sold for the same price as interment spaces or niches in a comparable section of the cemetery.

(f) The original owner of a reclaimed interment space or niche or the heirs of the owner may request reimbursement from the cemetery company for the reclaimed interment space or niche. Upon proving ownership, the owner or heirs shall have the option of either accepting a comparable interment space or niche in the cemetery or reimbursement of the proceeds that were deposited in the Maintenance and Preservation Fund.

(g) If the original owner of a reclaimed interment space or niche or the heirs of the owner choose reimbursement of the proceeds that were deposited in the Maintenance and Preservation Fund, the cemetery company shall provide the owner or heirs with the information required by (h)1 below, so that the owner or heirs may apply to the Board for an order directing the cemetery company to pay to the owner or heirs, out of the Maintenance and Preservation Fund, the proceeds of the sale that were deposited in the Maintenance and Preservation Fund.

(h) The original owner of a reclaimed interment space or niche or the heirs of the owner who apply to the Board for an order directing the cemetery company to pay to the owner or heirs, out of the Maintenance and Preservation Fund, the proceeds of the sale of the interment space or niche that were deposited in the Maintenance and Preservation Fund shall submit to the Board:

1. A photocopy of the document of sale, which indicates the price for which the reclaimed interment space or niche was sold and the date of the sale, obtained from the cemetery company pursuant to (f) above; and

2. Proof that the individual owned the reclaimed interment space or niche or are the heirs of the owner.

N.J. Admin. Code § 13:44J-5.7