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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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STATE FINANCE AND PROCUREMENT |
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DIVISION I. STATE FINANCE |
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TITLE 10. BOARD OF PUBLIC WORKS -- MISCELLANEOUS PROVISIONS |
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SUBTITLE 3. SALE AND TRANSFER OF PROPERTY |
§ 10-309. State-owned cemeteries
Latest version.
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(a) "State facility" defined. -- In this section, "State facility" means:
(1) a facility maintained by the Mental Hygiene Administration of the Department of Health and Mental Hygiene and listed in § 10-406 of the Health - General Article; or
(2) a State residential center for individuals with an intellectual disability in the Developmental Disabilities Administration of the Department of Health and Mental Hygiene.
(b) Prohibited sale of State-owned cemetery located on State grounds. -- A cemetery owned by the State and located on the grounds of a State facility may not be sold by the State if the State facility is downsized, consolidated, closed, or sold.
(c) Commemoration monument. -- A cemetery owned by the State shall be maintained by the State and marked with a monument commemorating the individuals interred in the cemetery.
(d) Easement recorded before October 1, 2004 not may be sold or transferred. -- Any easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility that has been recorded among the land records of the county where the cemetery is located on or before October 1, 2004 may not be transferred or sold.
(e) Exception to prohibition of sale. -- Notwithstanding subsections (b) and (d) of this section, a cemetery or an easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility may be sold by the State if the deed for the property includes a restrictive covenant requiring the owner and any future owner to maintain the cemetery as provided under subsection (c) of this section.