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<section article="gbr" article_name="Business Regulation" number="5-506" title_number="5" title_name="Cemeteries" subtitle_number="5" subtitle_name="Cemetery Property">
  <level label="a">
    <text>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:</text>
    <level label="1">
      <text>the ground has been dedicated and used for burial;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>more than 75% of the area of the burial ground:</text>
      <level label="i">
        <text>has been abandoned; or</text>
      </level>
      <level label="ii">
        <text>is harmful to the public health, safety, or welfare.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>The action may be brought by:</text>
    <level label="1">
      <text>a person with a property right in the burial ground; or</text>
    </level>
    <level label="2">
      <text>a governmental unit with an interest in ending the conditions that are harmful to the public health, safety, or welfare.</text>
    </level>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>may pass a judgment for the sale of the entire burial ground on the terms and notice the court sets; and</text>
    </level>
    <level label="2">
      <text>may appoint a trustee to sell the burial ground.</text>
    </level>
  </level>
  <level label="d">
    <text>The trustee shall distribute the sale proceeds:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>second, to pay expenses of removing any markers that are in good condition from the old lots and relocating the markers on new lots;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>fourth, to pay the costs of necessary legal proceedings, including court costs, trustee’s commissions, and legal fees;</text>
    </level>
    <level label="5">
      <text>fifth, to pay in full any taxes; and</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>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:</text>
    <level label="1">
      <text>the claims of the owners of the burial ground;</text>
    </level>
    <level label="2">
      <text>the claims of the holders of burial lots; and</text>
    </level>
    <level label="3">
      <text>the intended or actual use or dedication of the land in the burial ground for burial.</text>
    </level>
  </level>
</section>
