New Jersey § 45:27-34

§ 45:27-34.

a. A cemetery may lease or transfer any land or interest in land dedicated to cemetery

purposes if: (1) it has not conveyed any part of the land as graves; (2) it determines that the land or the interest in the land to be transferred is not

necessary or not suitable for burial purposes or it determines that the land to be

leased will not be necessary for burial purposes during the term of the lease; and (3) the land is owned by a cemetery company and the board approves the transaction

as made in good faith and for fair consideration. b. The cemetery may transfer land in which any person has acquired a right of burial,

if: (1) the cemetery either refunds to the person who has the right of burial the amount

paid for the right or conveys to the person who has the right of burial substantially

similar graves in the cemetery; and (2) the land is owned by a cemetery company and the board approves the transaction

as made in good faith and for fair consideration. c. A cemetery may transfer land in which human remains have been buried only if the

cemetery: (1) receives consent from the owner of each grave in which human remains have been

buried or an order from the Superior Court to remove the human remains; (2) removes the human remains and reburies them in substantially similar graves in

the cemetery or in another cemetery and assumes the responsibility and expense for

removal and reburial; (3) removes any property of the owner from the grave and gives it to the owner; and (4) if owned by a cemetery company, obtains the written consent of the board. d. The Superior Court shall not approve the removal of human remains from lands to

be transferred unless notice and an opportunity to be heard in opposition has been

given to the owners of all affected graves. If the owner of a grave is not known or cannot be located, the court may order notice

by publication. e. The deed of conveyance for any transfer of cemetery land under this section shall

include a perpetual prohibition on any use of the land, directly or indirectly, for

any of the purposes or uses which cemetery companies are specifically prohibited from

engaging in by this act. Any lease of cemetery land under this section shall prohibit any use of the land,

directly or indirectly, for any of the purposes or uses which cemetery companies are

specifically prohibited from engaging in by this act. The board shall order not less than 15% of the proceeds of the sale or lease deposited

in the Maintenance and Preservation Fund. f. If the transfer of land results from condemnation, the responsibility and expense

for removal and reburial shall be borne by the condemnor, not by the cemetery.