Is it illegal to sell and develop a family cemetery for residential, commercial or agricultural use?
Cemetery property may not be sold for use for another purpose without first obtaining a court judgment for the sale of the cemetery for another purpose. If a court is satisfied that it is expedient or would be in the interest of the parties to sell the cemetery for use for another purpose, the court may pass a judgment for the sale of the cemetery on the terms of notice which the court sets. The court is required to order that as much of the proceeds of the sale as necessary be used to pay the expenses of removing any human remains in the cemetery, buying burial lots in another cemetery, and reburying the human remains. (Any remaining proceeds shall then be distributed to the parties in accordance with their interests.) When a judgment for the sale of a cemetery for use for another purpose has been entered, the buyer of the cemetery receives title to the land free of the claims of the owners of the cemetery and of the holders of burial lots in the cemetery (Section 5-505, Business Regu
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