Except as otherwise provided in this section, a person may not buy, hold, or use, for burial: more than 100 acres in the State; or any land within the limits of a municipal corporation in the State, unless authorized to do so by the municipal corporation. In the Spauldings Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 125 acres in 1 tract. In the Laurel Election District of Prince George’s County, a person that operated a cemetery on or before June 1, 1955, may buy, hold, or use, for burial, up to 200 acres in 1 tract. In the Kent Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract. In Frederick County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract. In Baltimore County, a person may buy, hold, or use, for burial, up to 200 acres in 1 tract.

An alley, canal, road, or other public thoroughfare may not be opened through property of a cemetery if that property is used or to be used for burial. This section does not authorize a registered cemeterian, permit holder, or other person to obstruct: a public road in use when the cemetery is formed; or the site of a future public road that, when the cemetery is formed, is shown on a plat made by authority of the State, a county, or a municipal corporation.

Each burial lot and each crypt sold or conveyed in a cemetery shall be held by the owner only for the purpose of burial. The interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not: considered property; subject to attachment or execution for debt; subject to the insolvency laws of the State; to be inventoried in the estate of the owner; or subject to inheritance taxes. The interest of an owner of a burial lot or crypt that is held as an investment and not held for the burial of the owner or others is: considered personal property; subject to attachment or execution for debt; subject to the insolvency laws of the State; to be inventoried in the estate of the owner; and subject to inheritance taxes. Subject to the rules of the cemetery owner and to the terms of any contract made with the cemetery owner, the interest of an owner of a burial lot or crypt: may be disposed of during the lifetime of the owner of the burial lot or crypt with the consent of the cemetery owner; may be disposed of by specific reference in the will of the owner; and otherwise passes to the heirs of the owner, as defined in § 1-101 of the Estates and Trusts Article. The owner of a burial lot is responsible for the care of a memorial or monument placed on the burial lot. Nothing in this section may be construed to prohibit a party responsible for a cemetery from maintaining or repairing a damaged memorial or monument.

A certificate, under seal of a sole proprietor registered cemeterian, permit holder, or other cemetery owner, of ownership of a burial lot or crypt has the same effect as a conveyance of real property that is executed, acknowledged, and recorded as required by law.

In this section the following words have the meanings indicated. “Cemetery owner” means: a registered cemeterian; a permit holder under Subtitle 4 of this title; or an owner of a cemetery that is exempt from the registration and permitting requirements under § 5–102 of this title. “Person in interest” has the meaning stated in § 14–121 of the Real Property Article. This section does not apply to: except as otherwise provided in subsections (g) and (h) of this section, a religious organization that is a cemetery owner; or property acquired by the Department of Transportation that is necessary for a public project in accordance with State or federal law. A registered cemeterian or permit holder may not sell or transfer a cemetery, in whole or in part, to another person for a use other than as a cemetery without the approval of the Director. The owner of a cemetery that is exempt from the registration and permitting requirements under § 5–102 of this title may not sell or transfer the cemetery, in whole or in part, to another person without the approval of the Director. Before approving the sale or transfer of a cemetery under this section, the Director shall: require a cemetery owner to submit to the Director: an application under subsection (e) of this section; a completed preservation plan under subsection (f) of this section; and satisfactory evidence of completion of the public notice requirements under subsection (h) of this section; and review and consider any public comments regarding the cemetery in accordance with subsection (i) of this section. To request approval to sell or transfer a cemetery under subsection (c) of this section, a cemetery owner shall submit an application to the Director on the form that the Director provides. In addition to any other information required on an application form, the form shall require: the name and address of each cemetery owner; notice of the intent to sell or transfer the cemetery, in whole or in part; a description of the cemetery or part of the cemetery intended for sale or transfer, including the name, location, size, estimated number of human remains and pet remains interred in the cemetery, and number of unused or unsold burial sites; the name and contact information of any potential buyers or transferees of the cemetery, if known; an agreement to submit a preservation plan in accordance with subsection (f) of this section; and a copy of the public notice required under subsection (h) of this section. A cemetery owner shall, in consultation with the Director, develop a preservation plan for a cemetery that the cemetery owner intends to sell or transfer. In developing the preservation plan under paragraph (1) of this subsection, the cemetery owner shall comply with subsection (g) of this section. Each cemetery owner, including a religious organization that is a cemetery owner, shall attempt to identify and contact: any descendent or descendent community organization of an individual interred in the cemetery; any individual or family who has purchased an unused plot in the cemetery; and any person that has worked to maintain the abandoned cemetery. Before a cemetery owner, including a religious organization that is a cemetery owner, may sell or transfer a cemetery under this section, the cemetery owner shall provide public notice of the cemetery owner’s intent to sell or transfer the cemetery by: publishing notice of the sale or transfer in a newspaper of general circulation in the county where the cemetery is located for 9 successive weeks; placing a written notice of intent to sell or transfer in the cemetery at a conspicuous location in full public view for not less than 60 days; providing notice to local genealogical and historical societies; and holding a public meeting at which public testimony must be offered. A public notice required under paragraph (1) of this subsection shall include: the address of the cemetery; the estimated size and number of human remains or pet remains interred in the cemetery; any available information about the cemetery from the State Department of Assessments and Taxation; and if available, the name of the last known owner of the cemetery. Before approving the sale or transfer of a cemetery under this section, the Director shall consider any public comments about the cemetery received by the cemetery owner at a public hearing under subsection (h)(1)(iv) of this section or by the Director, including: whether the cemetery owner has considered the concerns of the descendant community, including: reasons for the proposed sale or transfer and future plans for the property; whether the current location of the cemetery holds any cultural or historical significance; the cost of disinterment and reinterment of the human remains or pet remains in the cemetery and who should bear the cost; and where any human remains or pet remains disinterred from the cemetery would be relocated; and whether the cemetery owner received other equivalent offers for purchase of the cemetery that may be less disruptive to the cemetery. The Director shall approve the sale or transfer of a cemetery or part of a cemetery under this section if: the cemetery owner satisfies all the requirements of this section; and the Director determines that it is in the interest of all the parties to sell or transfer the cemetery or part of the cemetery. An action may be brought in accordance with the Maryland Rules and a court may pass judgment regarding the sale of a burial ground for another purpose if any party disputes the Director’s decision under subsection (j) of this section. An action under paragraph (1) of this subsection may be brought by: a person with a burial right in the cemetery; a descendant community organization; a nonprofit organization that has a purpose of preserving the cemetery; a governmental unit with a financial, regulatory, or other interest in the property; or a person in interest. The owner of the property that includes the cemetery has the burden of proof in any proceeding regarding the disposition of the property and the cemetery. After hearing from any person described under subsection (k)(2) of this section who wishes to be heard on the proposed sale, transfer, or alternate use of the cemetery under subsection (k) of this section, the court shall: allow the proposed sale, transfer, or alternate use of all or part of the cemetery; prohibit the proposed sale, transfer, or alternate use of all or part of the cemetery; or order an alternative disposition of the cemetery. If the court is satisfied that it is appropriate or would be in the interest of a person described in subsection (k)(2) of this section to sell the cemetery, the court shall: pass a judgment for the sale of the cemetery on the terms and notice the court sets; order that as much of the proceeds of the sale as necessary be used to pay the costs of removing any human remains in the cemetery, buying burial lots in another cemetery, and reburying the remains; and distribute the remaining proceeds of the sale among the parties according to their interests. A judgment approving the sale of a cemetery conveys the title of the cemetery free of the claims of: the owners of the cemetery; and the holders of burial rights in the cemetery. If the court determines that the sale or transfer of a cemetery is inappropriate and not in the best interest of a person described in subsection (k)(2) of this section, the court shall: approve the transfer to a descendant community organization or other nonprofit organization that agrees to maintain and preserve the cemetery; and approve the price of the transfer, including a donation or nominal fee; or order a negotiation between the owner of the cemetery and the person that wishes to acquire the cemetery. A court shall make all determinations required under this section for the disposition of a property that includes a cemetery not more than 6 months after the action under subsection (k)(2) of this section is served.

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: the ground has been dedicated and used for burial; 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 more than 75% of the area of the burial ground: has been abandoned; or is harmful to the public health, safety, or welfare. The action may be brought by: a person with a property right in the burial ground; or a governmental unit with an interest in ending the conditions that are harmful to the public health, safety, or welfare. 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: may pass a judgment for the sale of the entire burial ground on the terms and notice the court sets; and may appoint a trustee to sell the burial ground. The trustee shall distribute the sale proceeds: 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; second, to pay expenses of removing any markers that are in good condition from the old lots and relocating the markers on new lots; 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; fourth, to pay the costs of necessary legal proceedings, including court costs, trustee’s commissions, and legal fees; fifth, to pay in full any taxes; and 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. 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: the claims of the owners of the burial ground; the claims of the holders of burial lots; and the intended or actual use or dedication of the land in the burial ground for burial.

In this section, “abandoned cemetery” means a cemetery for which: legal ownership cannot be determined; the person with legal responsibility for operation and maintenance of the cemetery cannot be determined; the entity that operated the cemetery has ceased to operate; or the real property on which the cemetery is located has been condemned. The State, a county, or a municipality may acquire an abandoned cemetery, including ownership of any unoccupied lots or burial sites, for the purpose of transferring ownership of the abandoned cemetery to a descendant community organization, veterans organization, or nonprofit organization. A descendent community organization, veterans organization, or nonprofit organization that agrees to the transfer of title of a cemetery under paragraph (1) of this subsection shall agree to properly maintain, preserve, and protect the cemetery. If a governmental entity that has acquired an abandoned cemetery under subsection (b) of this section is unable to transfer ownership of the abandoned cemetery within a reasonable period of time, the Director may facilitate the reinterment of any human remains or pet remains from the abandoned cemetery to an operational cemetery in a professional manner. A governmental unit that acquires property on which an abandoned cemetery is located under subsection (b)(1) of this section shall make timely and reasonable efforts after acquisition to contact descendants of the deceased persons interred in the abandoned cemetery in order to identify descendants, a descendant community organization, veterans organization, or nonprofit organization to which the property may be transferred. A person or organization listed under subsection (b)(1) of this section may bring an action requesting the court to transfer property acquired by a governmental unit under this section to the person or organization. Within 6 months after a governmental unit is served in an action brought under subparagraph (i) of this paragraph, the court shall make a determination on the disposition of the property.