CHAPTER 9

HB 168 - FINAL VERSION

2001 SESSION

01-0015

05/01

HOUSE BILL 168

AN ACT relative to transfers of ownership of cemetery plots or burial spaces.

SPONSORS: Rep. L. Foster, Hills 10; Rep. Patten, Carr 9

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires that transfers of ownership of cemetery plots or burial spaces meet any applicable regulations established by the municipality or the cemetery trustees.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0015

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to transfers of ownership of cemetery plots or burial spaces.

Be it Enacted by the Senate and House of Representatives in General Court convened:

9:1 Ownership of Cemetery Plots or Burial Spaces. Amend RSA 290:24 to read as follows:

290:24 Ownership of Cemetery Plots or Burial Spaces. The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions:

I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership passes to that person, subject to the regulations established under RSA 289:2.

II. If the deceased has not designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership shall be determined under the provisions of RSA 561:1 and RSA 289:2.

III. Notwithstanding other provisions of this subdivision, when the ownership of a cemetery plot or burial space is unclear or in dispute, the court of probate for the residence of the deceased may, upon receipt of a petition filed by the next of kin or other interested party, render a determination regarding ownership of the cemetery plot or burial space in compliance with applicable law, including any regulations established by the municipality or cemetery trustees under RSA 289:2.

9:2 Effective Date. This act shall take effect January 1, 2002.

(Approved: April 23, 2001)

(Effective Date: January 1, 2002)