§ 5-505. Action for sale of burial ground for another purpose

   (a) Authorized. -- An action may be brought in accordance with the Maryland Rules and a court may pass a judgment for sale of a burial ground for another purpose if:

   (1) the ground has been dedicated and used for burial;

   (2) burial lots have been sold in the burial ground and deeds executed or certificates issued to buyers of the lots;

   (3) the ground has ceased to be used for burial; and

   (4) it is desirable to dispose of the burial ground for another purpose.

(b) Action by court. -- If the court is satisfied that it is expedient or would be in the interest of the parties to sell the burial ground, the court:

   (1) may pass a judgment for the sale of the burial ground on the terms and notice the court sets;

   (2) shall order that as much of the proceeds of the sale as necessary be used to pay the expenses of removing any human remains in the burial ground, buying burial lots in another burial ground, and reburying the remains; and

   (3) shall distribute the remaining proceeds of the sale among the parties according to their interests.

(c) Effect of judgment. -- A judgment for the sale of a burial ground passes to the buyer of the burial ground the title to the burial ground free of the claims of:

   (1) the owners of the burial ground; and

   (2) the holders of burial lots.

HISTORY: An. Code 1957, art. 16, § 119; 1992, ch. 4, § 2; 1997, ch. 675, § 1.