§ 5-506. Action for sale of burial ground in Baltimore City 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 in Baltimore City 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 other written instruments issued to buyers of the lots without provision being made for perpetual care of the lots; and

   (3) more than 75% of the area of the burial ground:

      (i) has been abandoned; or

      (ii) is harmful to the public health, safety, or welfare.

(b) Who may bring action. -- The action may be brought by:

   (1) a person with a property right in the burial ground; or

   (2) a governmental unit with an interest in ending the conditions that are harmful to the public health, safety, or welfare.

(c) Action by court. -- If the court is satisfied that more than 75% of the area of a burial ground has been abandoned or is harmful to the public health, safety, or welfare, the court:

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

   (2) may appoint a trustee to sell the burial ground.

(d) Proceeds from sale. -- The trustee shall distribute the sale proceeds:

   (1) first, to pay the expenses of removing any human remains, that, with reasonable care, can be definitely located in the burial ground, buying burial lots in another burial ground, and reburying the remains;

   (2) second, to pay expenses of removing any markers that are in good condition from the old lots and relocating the markers on new lots;

   (3) third, to pay the expenses of ending conditions that are harmful to the public health, safety, or welfare, unless the contract of sale of the burial ground provides for abatement of those conditions within a reasonable period of time after the sale is completed;

   (4) fourth, to pay the costs of necessary legal proceedings, including court costs, trustee's commissions, and legal fees;

   (5) fifth, to pay in full any taxes; and

   (6) finally, to pay the balance of the proceeds to the person who, immediately before the sale, had record title to the burial ground in its entirety according to the land records of Baltimore City.

(e) Effect of judgment. -- A judgment for the sale of a burial ground or a deed or other conveyancing instrument executed by a trustee under this section passes to the buyer of the burial ground the title to the burial ground free of:

   (1) the claims of the owners of the burial ground;

   (2) the claims of the holders of burial lots; and

   (3) the intended or actual use or dedication of the land in the burial ground for burial.

HISTORY: An. Code 1957, art. 16, § 120; 1992, ch. 4, § 2; 1997, ch. 675, § 1, 2.