USA Statutes : maine
Title : Title 13. CORPORATIONS
Chapter : Chapter 83. CEMETERY CORPORATIONS
Title 13 - §1031. Unauthorized establishment; injunction
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1031. Unauthorized establishment; injunction
Any cemetery, community mausoleum or columbarium established, maintained or operated in violation of or contrary to this chapter
is declared to be a nuisance, which may be abated or enjoined as such by the civil action of any citizen of this State.
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interpretation of Maine law to the public. If you need legal
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1032. Disposal of bodies
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1032. Disposal of bodies
Except as otherwise provided by law, or in case of a dead body being rightfully carried through or removed from the State
for the purpose of burial or disposition elsewhere, every dead body of a human being dying within the State and the remains
of any body after dissection therein shall be decently buried, entombed in a mausoleum, vault or tomb, or cremated within
a reasonable time after death. The permanent disposition of such bodies or remains shall be by interment in the earth, or
deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated in accordance with the laws of this State,
by deposit in a crypt of a mausoleum, or by cremation. The remains of a human body after cremation may be deposited in a niche
of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law. No deposit of the bodies
or remains of the human dead shall be made in a single chamber, vault or tomb partly above and partly below the natural surface
of the ground, unless the part thereof below such surface is of a permanent character, constructed of materials capable of
withstanding extreme climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent all
escape of effluvia, and unless the part thereof above the natural surface of the ground is constructed of natural stone of
a standard not less than that required by the United States Government for monuments erected in national cemeteries, or durability
sufficient to withstand all conditions of weather.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1033. Vested rights
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1033. Vested rights
This chapter shall not be construed as affecting any vested rights of any cemetery association or other agency owning, maintaining
and operating a cemetery or crematory immediately prior to July 24, 1937. Insofar as this chapter does not violate any such
vested rights, it shall, except as otherwise provided, apply to all such cemetery associations or other agencies.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1034. Jurisdiction
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1034. Jurisdiction
The Superior Court shall have original and concurrent jurisdiction in all cases under this chapter. Judges of the District
Court may cause the persons brought before them on complaint for violation of sections 1342 or 1343 to recognize with sufficient
sureties to appear at the next term of the Superior Court and, in default thereof, shall commit them.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1035. Penalties
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1035. Penalties
Whoever fails to comply with or violates any of the provisions of this chapter in respect to the establishment, maintenance
or operation of a cemetery, community mausoleum, crematory or columbarium, or to the disposal of dead human bodies shall,
unless another penalty is provided under this chapter, be punished by a fine of not less than $100 nor more than $500, or
by imprisonment for not more than 6 months, or by both.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1036. Recovery of fines or penalties
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 1: GENERAL PROVISIONS
§1036. Recovery of fines or penalties
All fines or penalties provided by section 1035 may be recovered or enforced by indictment, and the necessary processes for
causing the crypts and catacombs to be sealed or the bodies to be removed and buried, and execution to recover the necessary
expenses thereof, may be issued by the Superior Court.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1071. Incorporation
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 1: Organization
§1071. Incorporation
Persons of lawful age may organize themselves into a nonprofit-sharing corporation for the purpose of purchasing land for
a burying ground and for the purpose of owning, maintaining and operating a cemetery or cemeteries, as provided in sections
901 and 903 and may proceed in the manner and, except as restricted, with the powers provided in section 931.
[1975, c. 770, § 75 (amd).]
Section History:
PL 1965,
Ch. 66,
§
(AMD).
PL 1975,
Ch. 770,
§75
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101-A. Definition
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101-A. Definition
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
[2003, c. 421, §1 (amd).]
1. Ancient burying ground. "Ancient burying ground" means a private cemetery established before 1880.
[1999, c. 700, §2 (new).]
2. Columbarium. "Columbarium" means a structure or room or space in a mausoleum or other building containing niches or recesses for disposition
of cremated human remains.
[2003, c. 421, §1 (new).]
3. Community mausoleum. "Community mausoleum" means an aboveground structure designed for entombment of human remains of the general public, as
opposed to the entombment of the remains of family members in a privately owned, family mausoleum of no more than 6 crypts.
[2003, c. 421, §1 (new).]
Section History:
PL 1999,
Ch. 700,
§2
(NEW).
PL 2003,
Ch. 421,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101-B. Ancient burying grounds
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101-B. Ancient burying grounds
1. Access to ancient burying grounds on privately owned land. The owner of an ancient burying ground shall provide municipalities access necessary to perform the duties pursuant to section
1101 and Title 30-A, section 2901. Any unreasonable denial to provide municipalities access may result in the owner being
held responsible for any fines, court costs and attorney's fees incurred by municipalities in legally obtaining access or
for failing to meet the requirements of section 1101.
[1999, c. 700, §2 (new).]
2. Maintenance by landowner. A person who owns a parcel of land that contains an ancient burying ground and chooses to deny access to the municipality
shall assume the duties as described in section 1101 and Title 30-A, section 2901, subsection 1. Maintenance of an ancient
burying ground by the owner exempts the municipality from performing the duties as described in section 1101.
[1999, c. 700, §2 (new).]
Section History:
PL 1999,
Ch. 700,
§2
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101-C. Notice of responsibility
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101-C. Notice of responsibility
When a municipality fails without good reason to maintain the good condition and repair of a grave, headstone, monument or
marker or fails to keep the grass suitably cut and trimmed on any such grave pursuant to section 1101 and at least one of
the municipal officers has had 14 days' actual notice or knowledge of the neglected condition, a penalty of not more than
$100 may be assessed on the municipality.
[1999, c. 700, §2 (new).]
Section History:
PL 1999,
Ch. 700,
§2
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101-D. Unorganized townships
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101-D. Unorganized townships
If an ancient burying ground or a public burying ground as described in section 1101 is located in an unorganized township,
the county in which the township is located is subject to sections 1101, 1101-B and 1101-C.
[1999, c. 700, §2 (new).]
Section History:
PL 1999,
Ch. 700,
§2
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101-E. Graves on land owned by Federal Government
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101-E. Graves on land owned by Federal Government
Veterans' graves as described in section 1101 that are located on a site that was owned by the Federal Government as of January
1, 2000 are not subject to the requirements of section 1101.
[1999, c. 700, §2 (new).]
Section History:
PL 1999,
Ch. 700,
§2
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1101. Maintenance and repairs; municipality
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1101. Maintenance and repairs; municipality
In any ancient burying ground, as referenced in Title 30-A, section 5723, or public burying ground in which any Revolutionary
soldiers or sailors or veterans of the Armed Forces of the United State of America who served in any war are buried, the municipality
in which said burying ground is located shall keep in good condition and repair all graves, headstones, monuments or markers
designating the burial place of said Revolutionary soldiers or sailors or veterans of the Armed Forces of the United States
of America who served in any war and shall keep the grass suitably cut and trimmed on those graves from May 1st to September
30th of each year.
[1999, c. 700, §1 (amd).]
Section History:
PL 1977,
Ch. 255,
§1
(AMD).
PL 1999,
Ch. 700,
§1
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1102. -- neglect
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1102. -- neglect
If such officers, treasurer or committee neglect so to apply such fines, they each forfeit the amount thereof, in a civil
action, to any person suing therefor.
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interpretation of Maine law to the public. If you need legal
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1103. -- unincorporated places (REPEALED)
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 2: Duties of Town or County
§1103. -- unincorporated places (REPEALED)
Section History:
PL 1983,
Ch. 471,
§1
(RP ).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1141. Grounds inalienable; description recorded
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 3: Exemption From Attachment
§1141. Grounds inalienable; description recorded
When any persons appropriate for a burying ground a piece of land containing not more than 12 of an acre, it shall be exempt
from attachment and execution, and inalienable and indivisible by the owners without the consent of all; and be kept fenced
or otherwise substantially marked and occupied as a burying ground. They shall cause a written description of it, under their
hands, attested by 2 disinterested witnesses, to be recorded in the registry of deeds in the county or district where it lies
or by the clerk of the town where it is situated.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1142. Family burying grounds
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 3: Exemption From Attachment
§1142. Family burying grounds
When a person appropriates for a family burying ground a piece of land containing not more than 14 of an acre, causes a description
of it to be recorded in the registry of deeds of the same county or by the clerk of the town where it is situated and substantially
marks the bounds of the burying ground or encloses it with a fence, it is exempt from attachment and execution. No subsequent
conveyance of it is valid while any person is interred in the burying ground; but it must remain to the person who appropriated,
recorded and marked that burying ground and to that person's heirs as a burial place forever. If property surrounding a burying
ground appropriated pursuant to this section is conveyed, the property is conveyed by the person who appropriated the property
or by an heir of that person and the conveyance causes the burying ground to be inaccessible from any public way, the conveyance
is made subject to an easement for the benefit of the spouse, ancestors and descendants of any person interred in the burying
ground. The easement may be used only by persons to walk in a direct route from the public way nearest the burying ground
to the burying ground at reasonable hours.
[1991, c. 412, §1 (amd).]
Section History:
PL 1991,
Ch. 412,
§1
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1143. Lots
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 3: Exemption From Attachment
§1143. Lots
Lots in public or private cemeteries are exempt from attachment and levy on execution and from liability to be sold by executors
and administrators of insolvent estates for the payment of debts and charges of administration. Only one lot shall be so exempt
for any one person.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1181. Restrictions and conditions
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 4: Enlargement of Grounds
§1181. Restrictions and conditions
The municipal officers of any town may on petition of 10 voters enlarge any public cemetery or burying ground or incorporated
cemetery or burying ground within their town by taking land of adjacent owners, to be paid for by the town or otherwise as
the municipal officers may direct, when in their judgment public necessity requires it. The limits thereof shall not be extended
nearer any improved land used for recreational purposes or dwelling house than 100 feet, or nearer any well, from which the
water is used for domestic purposes, than 200 feet, against the written protest of the owner made to the officers at the time
of the hearing on the petition. Nor shall any person, corporation or association establish, locate or enlarge any cemetery
or burying ground by selling or otherwise disposing of land so that the limits thereof shall be extended nearer any improved
land used for recreational purposes or dwelling house than 100 feet, or nearer any well, from which the water is used for
domestic purposes, than 200 feet, against the written protest of the owner. Nothing in this section shall prohibit the sale
or disposition of lots within the limits of any existing cemetery or burying ground, nor the extension thereof away from any
improved land used for recreational purposes or dwelling house or well. This section shall not apply to land acquired under
Title 37-A, section 15.
[1981, c. 33 (amd).]
Section History:
PL 1967,
Ch. 502,
§1
(AMD).
PL 1973,
Ch. 537,
§18
(AMD).
PL 1981,
Ch. 33,
§
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1182. Notice
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 4: Enlargement of Grounds
§1182. Notice
Notice of a time and place for a hearing held under section 1181 shall be given by posting written notices thereof, signed
by said officers, at least 7 days prior thereto, in 2 public places in said town. A copy of such notice and of the petition
shall be served on the owners of the land at least 10 days before the day of hearing.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1183. Damages for land taken; town vote
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 4: Enlargement of Grounds
§1183. Damages for land taken; town vote
If the municipal officers at the hearing held under section 1181 grant the prayer of the petitioners, they shall then determine
what land shall be taken and assess the damages suffered by each person thereby, as if the land were taken for town ways,
make a written return of their proceedings, specifying the land taken and the damages awarded each person and file the same
with the town clerk. Such cemetery or burying ground shall not be enlarged, pursuant to such return, until so voted by the
town at its next annual meeting.
[1975, c. 431, § 3 (amd).]
Section History:
PL 1975,
Ch. 431,
§3
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1184. Persons aggrieved; remedy
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 4: Enlargement of Grounds
§1184. Persons aggrieved; remedy
Any person aggrieved by the amount of damages awarded may have them determined by written complaint to the Superior Court
in the manner provided respecting damages for the establishment of town ways.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1221. Proceedings
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 5: Conveyance to Town
§1221. Proceedings
Any private cemetery or burying ground, by written agreement of all the owners thereof, recorded by the clerk of the town
in which it is situated may, by vote of such town within one month after the recording of such agreement by the town clerk,
become public and subject to the law relating to public cemeteries or burying grounds, provided such agreement is not in conflict
with the terms of any conveyance or devise of land for the purposes of a burying ground.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1222. Acceptance; exemption from liability; trust funds for repairs
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 5: Conveyance to Town
§1222. Acceptance; exemption from liability; trust funds for repairs
Any city, town, cemetery corporation, trust company or trustee may accept any conveyance of land not exceeding 12 acre, to
be forever held, kept and used for a private or family burying ground for the grantors and such of their heirs and relatives
by blood or marriage as the conveyance shall designate. Such lot and all erections thereon, including the erection and maintenance
of the same, and fixtures thereto suitable for its use or adornment as a burying ground, are forever inalienable and indivisible
and exempt from liability for debt. Such city, town, corporation, company or trustee may accept and forever hold any donation
or legacy for insuring proper care and attention to any burial lot or ground and the avenues thereof and the monuments thereon.
Having accepted such donation or legacy, said trustee becomes bound to perform the duties appertaining to the trust as specified
in the writing creating the same or, in default of such specification, as required by law, and as in cases of public charity.
Any city or town without giving bond therefor may be appointed by the probate court testamentary trustee for the purpose of
holding forever, in accordance with this section and the terms of the devise, any fund devised for the purposes aforesaid.
Any such city, town, cemetery corporation, trust company, or trustee failing to furnish proper care and attention to any burial
lot, the perpetual care whereof has been provided for as above, shall be punished by a fine of not less than $50 nor more
than $100, to be recovered by complaint or indictment. The District Court and the Superior Court shall have concurrent jurisdiction.
Of all fines provided for under this section and recovered on complaint, 12 shall go to the prosecutor and 12 to the county
where the city, town, cemetery corporation; trust company or trustee committing the offense is situated. Nothing herein contained
shall be construed to compel any such city, town, cemetery corporation, trust company or trustee to expend in any one year
upon any such lot more than the income from any such fund.
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1223. Investment of funds
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 5: Conveyance to Town
§1223. Investment of funds
Cemetery trust funds of any cemetery corporation or association, trust company, church, religious or charitable society, or
other trustee, shall be invested in the manner provided in Title 30-A, chapter 223, subchapter III-A, and, unless the instrument
or order creating the trusts prohibits, may be combined with other similar trust funds in the manner provided in Title 30-A,
section 5654, and the annual income only shall be expended in performance of the requirements of the trust.
[1987 c. 737, Pt. C, §§24, 106 (amd); 1989 c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §8, 10 (amd).]
Section History:
PL 1987,
Ch. 737,
§C24,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1224. Recording of acceptance
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 5: Conveyance to Town
§1224. Recording of acceptance
A copy of the record of the vote of the trustee so accepting a conveyance of lands shall be indorsed on the conveyance and
certified thereon by the clerk of the grantee and recorded in the registry of deeds with the conveyance.
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 13 - §1261. Authority to hold
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1261. Authority to hold
Any person owning or interested in a lot or lots in a public burying ground of a city or town may deposit with the treasurer
of such city or town a sum of money for the purpose of providing for the preservation and care of such lot or lots, or their
appurtenances, which sum shall be entered upon the books of the treasurer and invested and held in accordance with Title 30-A,
chapter 223, subchapter III-A.
[1987 c. 737, Pt. C, §§25, 106 (amd); 1989 c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §8, 10 (amd).]
Section History:
PL 1987,
Ch. 737,
§C25,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1262. Bylaws and ordinances
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1262. Bylaws and ordinances
A city or town may pass such ordinances or bylaws as may be necessary for the purposes of section 1261 and not repugnant to
law, and may receive such money for said purposes, and may invest and hold the same as provided in section 1261.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1263. Acceptance of deposits
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1263. Acceptance of deposits
When any person owning or interested in a lot in a public burying ground in a city or town deposits with the treasurer of
such city or town a sum of money for the preservation or care of such lot as provided by section 1262, said city or town may
accept a conveyance of such lot for the uses and upon the trusts which may be set forth in said conveyance, and may bind itself
to keep and perform the agreements, uses and trusts contained in the deed of conveyance of such lot.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1264. Trust funds for services or property
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1264. Trust funds for services or property
1. Trust accounts. Pre-need funds received for cemetery or crematory services or property to be delivered at or after the date of death must
be placed in a cemetery or crematory trust account in a bank, trust company, credit union or savings institution. For purposes
of this subsection, "pre-need funds" means all money paid during a person's lifetime to a cemetery or crematory by that person
or by another person on that person's behalf under an agreement that services will be performed or property will be delivered
in connection with the disposition of that person's body after that person's death.
[1995, c. 474, §1 (new).]
2. Trust agreement. A trust agreement setting forth the following information must be signed by the payor and the payee and the original agreement
must be given to the payor and a copy of that agreement must be given to the payee:
A. The name and address of the individual for whose benefit services or property will be delivered;
[1995, c. 474, §1 (new).]
B. The name of the entity acting as trustee;
[1995, c. 474, §1 (new).]
C. The name and address of the payor;
[1995, c. 474, §1 (new).]
D. The services or property that will be provided by the payee;
[1995, c. 474, §1 (new).]
E. Statements that a full refund of the principal of the funds placed in trust must be made by the payee upon written request
of the payor, the payor's attorney-in-fact or the payor's personal representative and that, in the absence of such a request,
the payee may withdraw the funds only upon the death of the person for whose benefit the funds were paid and shall use the
funds in accordance with the purposes identified in the trust agreement; and
[1995, c. 474, §1 (new).]
F. A statement that interest on funds placed in trust will not be paid to the payor in the event of a refund of principal of
trust funds and any interest that may accrue remains with the payee.
[1995, c. 474, §1 (new).]
[1995, c. 474, §1 (new).]
3. Services and property covered. This section applies to cemetery or crematory services such as cremation fees, grave opening and closing charges and inscription
of death dates. This section does not apply to the sale of cemetery lots or plots, monuments and memorials, garden crypts,
lawn crypts, mausoleum crypts, cremation urns and niches, vaults, liners and similar tangible personal property if title to
and physical possession of the specific property has passed to the buyer. Any funds expended to purchase tangible personal
property when that personal property is held by the payee until the time of need are not considered funds that must be placed
in the trust account.
[1995, c. 474, §1 (new).]
4. Refund provisions. A full refund of the principal of the funds placed in trust must be made by the payee upon written request of the payor,
the payor's attorney-in-fact or the payor's personal representative. In the absence of such a request, the payee may withdraw
the funds only upon the death of the person for whose benefit the funds were paid and shall use the funds in accordance with
the purposes identified on the trust agreement.
[1995, c. 474, §1 (new).]
5. Administrative fees. The payee may not charge the payor, the payor's attorney-in-fact or the payor's personal representative an administrative
fee for funds or tangible personal property held in trust.
[1995, c. 474, §1 (new).]
6. Application. The provisions of this section apply only to funds received by a payee of a trust account after the effective date of this
section.
[1995, c. 474, §1 (new).]
Section History:
PL 1995,
Ch. 474,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1265. Tangible personal property
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1265. Tangible personal property
Upon written request and payment of any reasonable out-of-pocket expenses, a cemetery or crematory shall deliver to a person,
the person's attorney-in-fact or the person's personal representative any item of tangible personal property purchased by
that person but remaining in the possession of the cemetery or crematory.
[1995, c. 474, §1 (new).]
Section History:
PL 1995,
Ch. 474,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1266. Solicitation of cemetery or crematory services or property
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1266. Solicitation of cemetery or crematory services or property
Uninvited telephone or door-to-door solicitations for crematory or cemetery services or property are prohibited. This section
may not be construed to limit the raising of funds for capital improvements as long as those funds are not raised through
the purchase of cemetery or crematory services or property. Uninvited solicitations may not be construed to include solicitations
resulting from uninvited good-faith personal referrals from individuals purchasing services or property from a cemetery or
crematory.
[1995, c. 474, §1 (new).]
Section History:
PL 1995,
Ch. 474,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1267. Penalties
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 2: BURYING GROUNDS
Article 6: Trust Funds
§1267. Penalties
A person is subject to criminal prosecution under Title 17-A, chapter 15 if the person violates section 1264 or 1265. A person
who violates section 1266 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.
[2003, c. 688, Pt. B, §1 (amd).]
Section History:
PL 1995,
Ch. 474,
§1
(NEW).
PL 2003,
Ch. 688,
§B1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1301. Incorporation; exemption from attachment and taxation
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1301. Incorporation; exemption from attachment and taxation
Any 7 or more persons may be incorporated, not for profit, in the manner provided in section 901 for the purpose of owning,
managing and protecting lands and their appurtenances appropriated for public cemeteries. The property of such corporations
and the shares of stock therein are exempt from attachment and taxation. Any cemetery corporation may accept and receive donations
of money, general legacies and devises of real estate or legacies in trust, for the purpose of landscaping, general beautification
and care of lots, memorials, avenues and plots in said cemetery, without being appointed or confirmed by any court as such
trustee.
[1975, c. 770, § 76 (amd).]
Section History:
PL 1975,
Ch. 770,
§76
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1302. Recording of deeds
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1302. Recording of deeds
Deeds of burial lots in any public cemetery may be recorded in the registry of deeds for the county or district where such
cemetery is situated.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1303. Ownership and operation
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1303. Ownership and operation
Every cemetery, except Veterans' Memorial Cemetery established under Title 37-A, chapter 2, hereafter established shall be
owned, maintained or operated by a municipality or other political subdivision of the State, a church, a religious or charitable
society, or by a cemetery association incorporated as provided in section 1071 or 1301.
[1973, c. 537, § 19.]
div>
Every such cemetery shall be located in accordance with statutes already in force and effect, and only after consent for such
location has been obtained from the municipality or other political subdivision where the same is proposed to be located,
as well as from the Bureau of Health. No cemetery, community mausoleum, crematory or columbarium hereafter established shall
be maintained or operated for the purpose of private profit or gain, either directly or indirectly, to any director, officer
or member of the cemetery association or other agency owning, maintaining or operating the same, or of any holding company
or development company employed to develop, build and dispose of the same. A cemetery lawfully established prior to July 24,
1937 may continue to be owned, maintained and operated under the form of organization adopted therefor. Any corporation organized
prior to July 24, 1937 which is authorized or empowered to own, construct, maintain or operate cemeteries or burial grounds
may lawfully own, construct, maintain or operate mausoleums, crematories or columbaria in connection therewith, in accordance
with the laws existing and effective up to the time of July 24, 1937.
Section History:
PL 1967,
Ch. 502,
§2
(AMD).
PL 1973,
Ch. 537,
§19
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1304. Sales for speculation or investment
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1304. Sales for speculation or investment
The sale of cemetery lots and plots, or the sale of crypts in a community mausoleum or niches in a columbarium for speculative
or financial investment purposes, or the conveyance of any portion of a cemetery already dedicated to burial purposes as security
for debt, is prohibited. Every such conveyance, whether made by a person or by a cemetery association, or by a company or
association owning and operating a community mausoleum, crematory or columbarium, or by any holding, development or subsidiary
company, shall be void and of no effect. Whoever makes or attempts to make a sale or conveyance contrary to this section shall
be guilty of a misdemeanor and punished as provided in section 1035.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1305. Care and maintenance
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1305. Care and maintenance
The proceeds of the sales of lots and plots in a cemetery shall be applied solely to the management, superintendence, improvement
and maintenance of the cemetery and the avenues, paths and structures situated therein, for the purchase of additional cemetery
land and for the accumulation of a permanent care and improvement fund. If any indebtedness of a fixed amount is incurred
in the purchase of lands for such cemetery, or in making any improvement therein, a sum not exceeding 50% of the gross receipts
from the sale of burial lots and plots may be applied to the liquidation of such indebtedness. All moneys received from the
sale of personal property and surplus real estate of a cemetery shall be applied first to the liquidation of any fixed indebtedness
incurred by it on account of the purchase or improvement of the lands dedicated to cemetery purposes, and any residue remaining
after the liquidation of such indebtedness shall be deposited in the permanent care and improvement fund of the cemetery.
This section shall not apply to any cemetery now organized and operating.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1306. Cemetery perpetual care fund
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 3: PUBLIC CEMETERIES
§1306. Cemetery perpetual care fund
A person, corporation or any other private entity that controls a cemetery shall establish a cemetery perpetual care fund.
This fund is separate from any permanent care and improvement fund for a community mausoleum on a cemetery's premises established
under section 1348. The income from the cemetery perpetual care fund must be devoted to maintenance of the cemetery. This
cemetery perpetual care fund must be created by depositing in the fund at least 30% of the proceeds received, in full and
in installments, from the sale of lots and plots in the cemetery. This section does not apply to a family burying ground
as described in section 1142. The sale of a cemetery lot or plot that is subject to a contract for the perpetual care of
the lot or plot or for general cemetery maintenance is exempt from this section, as long as the contract requires that at
least 30% of the proceeds from the sale of the lot or plot be set aside with the income from those funds to be used for cemetery
maintenance.
[1997, c. 140, §1 (new).]
Section History:
PL 1997,
Ch. 140,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1341. Location
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1341. Location
1. Mausoleum, crematory or other structure. A community mausoleum, community crematory or other community structure that holds or contains dead human bodies may only
be erected in a cemetery that is at least 20 acres in size and has been in existence and used for burial for at least 2 years
preceding the erection of the structure.
[2003, c. 421, §2 (amd).]
2. Columbarium. A columbarium that holds or contains the cremated remains of dead human bodies may only be erected in a cemetery that is
at least 5 acres in size and has been in existence and used for burial for at least 2 years preceding the erection of the
structure.
[1999, c. 620, §1 (new).]
3. Exception. This section does not apply to a structure containing crypts erected or controlled by a church or religious society used
for the remains of the clergy or dignitaries of the church or religious society.
[1999, c. 620, §1 (new).]
Section History:
PL 1999,
Ch. 620,
§1
(RPR).
PL 2003,
Ch. 421,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1342. Approval of health authority
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1342. Approval of health authority
Before any person, firm or corporation shall build, construct or erect any such community mausoleum, vault or other burial
structure entirely above ground or partly above and partly by excavation, with the intention and purpose that when so built,
constructed and erected the same may contain 20 or more deceased human bodies for permanent interment, such person, firm or
corporation shall present all plans for such construction to the Bureau of Health and shall obtain the written approval of
such plans by said bureau before proceeding with the construction and erection of said mausoleum, vault or other burial structure.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1343. Type of construction; examinations
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1343. Type of construction; examinations
Any such community mausoleum or other burial structure shall be constructed of such materials and workmanship as will insure
its durability and permanency as well as the safety, convenience, comfort and health of the community in which it is located,
as dictated and determined at the time by modern mausoleum construction and engineering science, and all crypts or catacombs
placed in a mausoleum, vault or other burial structure as described in section 1342 shall be so constructed that all parts
thereof may be readily examined by the Bureau of Health or any other health officer. Such crypts or catacombs, when used for
the permanent interment of a deceased body or bodies, shall be so hermetically sealed that no offensive odor or effluvia may
escape therefrom.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1344. Supervisory control of health authorities
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1344. Supervisory control of health authorities
The Bureau of Health shall have supervisory control over the erection of any such community mausoleum and shall enforce compliance
with the approved plans and specifications therefor. Such bureau shall determine the reasonable amount of compensation for
such supervision, which compensation shall be paid by the cemetery association or other agency erecting such community mausoleum.
No departure from the original plans and specifications shall be permitted, except upon approval of the said Bureau of Health
evidenced in like manner and form as the approval of the original plans and specifications.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1345. No use before completion
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1345. No use before completion
No community mausoleum, crypt or structure so erected shall be used for the purpose of depositing therein the remains of any
dead body until the same, or a component section thereof, is fully completed and the permanent care and improvement fund required
by section 1348 has been provided.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1346. No sale before completion
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1346. No sale before completion
No crypt in a community mausoleum shall be sold or offered for sale before said structure, or a component section thereof,
is fully completed.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1347. Improper conditions; removal of bodies
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1347. Improper conditions; removal of bodies
Whenever any mausoleum, vault, crypt or other structure containing one or more dead human bodies shall, in the opinion of
the Bureau of Health, become a menace to public health and the owner thereof fails to remedy or remove the same to the satisfaction
of the said bureau, any court of competent jurisdiction may order the owner of said structure to remove the dead body or bodies
for interment in some suitable cemetery at the expense of such owner. If such owner cannot be found, such removal and interment
shall be at the expense of the cemetery association in the cemetery in which such mausoleum, vault, crypt or other structure
is situated.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1348. Permanent care and improvement fund
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1348. Permanent care and improvement fund
Every cemetery association or other agency establishing, maintaining and operating a community mausoleum shall create and
establish a permanent care and improvement fund, distinct and separate from the permanent care and improvement fund of its
cemetery, the income whereof shall be devoted to the care, maintenance and improvement of such community mausoleum. Such permanent
care and improvement fund shall be created by applying to such fund at least 30% of the proceeds received, in full and installments,
from the sales of crypts in such mausoleum.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1349. -- custodian
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 4: MAUSOLEUMS AND VAULTS
§1349. -- custodian
The treasurer of the cemetery in which such community mausoleum is situated shall be the custodian of the permanent care and
improvement fund established therefor in section 1348 and every such fund shall be held, administered and invested in the
manner provided by law for funds in savings banks of this State.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1371-A. Limitations on construction and excavation near burial sites
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 5: PROTECTION AND PRESERVATION (HEADING: PL 1987, c. 326, @1 (new))
§1371-A. Limitations on construction and excavation near burial sites
1. Known burial sites. Construction or excavation in the area of a known burial site or within the boundaries of an established graveyard must
comply with any applicable land use ordinance concerning burial sites or graveyards, whether or not the burial site or graveyard
is properly recorded in the deed to the property. In the absence of local ordinances, construction or excavation may not
be conducted within 25 feet of a known burial site or within 25 feet of the boundaries of an established graveyard, whether
or not the burial site or graveyard is properly recorded in the deed to the property, except when the construction or excavation
is performed pursuant to a lawful order or permit allowing the relocation of bodies or when necessary for the construction
of a public improvement, as approved by the governing body of a city or town or, in the case of a state highway, by the Commissioner
of Transportation.
[1991, c. 412, §2 (new).]
2. Undocumented burial site. The following procedures apply to construction or excavation that threatens an undocumented or unmarked burial site.
A. Whenever any person has knowledge that excavation or other construction activity may disturb or is disturbing a burial site,
that person shall notify the local code enforcement officer by providing an affidavit and any other evidence of the location
of the burial site.
[1991, c. 412, §2 (new).]
B. Upon receipt of proper notification, the code enforcement officer shall issue a stop-work order to the person or entity
responsible for the activity that threatens to disturb the burial site.
[1991, c. 412, §2 (new).]
C. Before the construction activity may continue, the excavator or person who owns the land shall notify the Director of the
Maine Historic Preservation Commission and the president of any local historical society of the probable location of the burial
site. The excavator or the person who owns the land shall also arrange, at that person's own expense, for appropriate investigation
to determine the existence and location of graves.
[1991, c. 412, §2 (new).]
D. When the investigation is complete, if no human remains are discovered, the person responsible for the investigation shall
notify the code enforcement officer of the results and the code enforcement officer shall revoke the stop-work order if satisfied
that the investigation is complete and accurate.
[1991, c. 412, §2 (new).]
E. If a burial site is discovered, excavation or construction may not continue except in accordance with subsection 1 and other
applicable provisions of state law.
[1991, c. 412, §2 (new).]
[1991, c. 412, §2 (new).]
3. Application. This section applies only to burial sites and graveyards containing the bodies of humans.
[1991, c. 412, §2 (new).]
Section History:
PL 1991,
Ch. 412,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1371. Approval for repair, maintenance and removal
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 5: PROTECTION AND PRESERVATION (HEADING: PL 1987, c. 326, @1 (new))
§1371. Approval for repair, maintenance and removal
1. Prior authorization or approval for repair, maintenance or removal. Any person may repair, maintain or remove, subject to the restrictions of subsection 2, any tomb, monument, gravestone,
marker or other structure placed or designed as a memorial to the dead, or any portion or fragment of any such memorial, or
any fence, railing, curb or other enclosure for the burial of the dead, after obtaining:
A. The authorization of the owner of the burial lot or a lineal descendent of the deceased buried there, if reasonable to locate
and notify; or
[1987, c. 326, §1 (new).]
B. The written approval of the municipality or, in the case of unorganized territory, the county in which the cemetery or burial
ground is located.
[1987, c. 326, §1 (new).]
[1987, c. 326, §1 (new).]
2. Conditions on removal. Removal of a tomb, monument, gravestone, marker or other structure placed or designed as a memorial to the dead, or a portion
or fragment of a memorial, is permitted only for the purpose of preservation. A tomb, monument, gravestone, marker or other
structure placed or designed as a memorial to the dead, or a portion or fragment of a memorial, may not be removed from the
confines of the cemetery or burial ground, except that a person who has obtained authorization or approval described in subsection
1, paragraph A or B, may remove all or a portion of a memorial for a period of no longer than 6 months for the purpose of
repair, restoration or preservation, but only when repair, restoration or preservation can not reasonably be accomplished
on the site of the cemetery or burial ground. Prior to removal of the memorial, a notice must be submitted to the municipality,
or to the county in the case of an unorganized territory, stating the location of the burial ground, the identification of
the memorial, the authority requesting the removal, the site to which the memorial will be temporarily removed, the proposed
date of removal and the proposed date of replacement in the burial ground.
[1997, c. 193, §1 (amd).]
Section History:
PL 1987,
Ch. 326,
§1
(NEW).
PL 1997,
Ch. 193,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1372. Inventories of cemeteries or burial grounds
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 5: PROTECTION AND PRESERVATION (HEADING: PL 1987, c. 326, @1 (new))
§1372. Inventories of cemeteries or burial grounds
A municipality or, in the case of unorganized territory, a county may contract with a cemetery association or historical society
to undertake, complete and keep current an inventory of cemeteries and burial grounds located in that municipality or county.
[1987, c. 326, § 1 (new).]
Section History:
PL 1987,
Ch. 326,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1373. Authority to maintain
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 5: PROTECTION AND PRESERVATION (HEADING: PL 1987, c. 326, @1 (new))
§1373. Authority to maintain
A municipality may authorize any cemetery association or historical society to maintain any cemetery or burial ground owned,
maintained or operated by the municipality.
[1987, c. 326, § 1 (new).]
Section History:
PL 1987,
Ch. 326,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1381. Use of unoccupied interment spaces
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1381. Use of unoccupied interment spaces
If a cemetery lot, or portion of a cemetery lot, has not been used for interment purposes for 75 consecutive years and if
the record owner of the lot has failed to provide for the care and maintenance of the lot for 75 consecutive years, then up
to 12 of these unoccupied interment spaces within the lot may be used by the person, association, corporation or municipality
which owns, maintains and operates the cemetery. If a portion of the interment spaces is occupied, the spaces on either side
may not be used under this section.
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1382. Notice of use
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1382. Notice of use
Unoccupied interment spaces may not be used under section 1381 unless after the 75-year period the person, association, corporation
or municipality which owns, maintains and operates the cemetery gives notice declaring that the unoccupied interment spaces
within the lot may be used.
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1383. Form of notice
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1383. Form of notice
1. Contents. The notice of use shall state that the cemetery lot, or portion of the lot, containing the unoccupied interment spaces has
not been used for interment purposes for 75 consecutive years and that the record owner has failed to provide for the care
and maintenance of the lot for 75 consecutive years.
[1987, c. 579 (new).]
2. Time limit. The notice of use shall also state that use of the unoccupied spaces may begin one year from the time of serving the notice,
unless the record owner or the record owner's heirs:
A. Deliver to the person, association, corporation or municipality having ownership or management of the cemetery written notice
claiming ownership of or right to sepulture in the unoccupied interment spaces; and
[1987, c. 579 (new).]
B. Pay for the permanent care and maintenance of the cemetery lot, or portion of the lot, containing the unoccupied interment
spaces.
[1987, c. 579 (new).]
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1384. Service of notice
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1384. Service of notice
The person, association, corporation or municipality having ownership or management of a cemetery shall choose that method
of notice most reasonably anticipated to be effective. Personal service on the record owner in the same way service of process
is made in accordance with Maine Rules of Civil Procedure shall be the preferred method. If that is not reasonably possible,
personal service in the same manner shall be considered on the heirs or devisees. If that is not reasonably possible, the
notice shall be served by delivery by certified mail, return receipt requested, to the record owner at the owner's last known
address. If the record owner is deceased or his whereabouts are unknown, the notice shall be served by delivery by certified
mail, return receipt requested, to the heirs or devisees of the record owner, to their last known address. If the address
of the record owner or heirs or devisees of the record owner cannot be ascertained, then notice of the forfeiture shall be
given by one publication in the official newspaper of the county in which the cemetery is located. In addition, the notice
shall be recorded in the registry of deeds in the county where the cemetery lot is located.
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1385. Resale of unoccupied interment spaces
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1385. Resale of unoccupied interment spaces
A person, association, corporation or municipality having ownership or management of a cemetery, and which has acquired the
right to use unoccupied interment spaces under section 1381, may sell the unoccupied interment spaces and convey the rights
to those spaces. The proceeds from the sale of the unoccupied interment spaces shall be applied solely to the cemetery permanent
care and improvement fund for the permanent care and maintenance of the cemetery lot containing the unoccupied interment spaces
sold.
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 13 - §1386. Applicability
Title 13: CORPORATIONS
Part 2: CORPORATIONS WITHOUT CAPITAL
Chapter 83: CEMETERY CORPORATIONS
Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES (HEADING: PL 1987, c. 579 (new))
§1386. Applicability
This subchapter does not apply to any cemetery lot containing interment spaces for which permanent care and maintenance has
been provided.
[1987, c. 579 (new).]
div>
This subchapter does not apply to any cemetery of less than 12 of an acre.
[1987, c. 579 (new).]
Section History:
PL 1987,
Ch. 579,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
