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*hb0893*
HOUSE BILL 893
C2 6lr1565
CF SB 234
By: Delegates Hill, Boyce, Ebersole, Kaiser, Kaufman, J. Long, Ruth, Schindler,
Simmons, Smith, and Stinnett
Introduced and read first time: February 4, 2026
Assigned to: Economic Matters and Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2026
CHAPTER ______
AN ACT concerning 1
Business Regulation – Abandoned Cemeteries – Acquisition and Disposition 2
FOR the purpose of authorizing a governmental unit to acquire property on which an 3
abandoned cemetery is located under certain circumstances and for a certain 4
purpose; requiring a governmental unit that acquires property under this Act to 5
make a certain effort to contact certain persons for a certain purpose; authorizing a 6
person or organization to bring an action to request the court to transfer property 7
acquired under this Act to the person or organiza tion; and generally relating to 8
abandoned cemeteries. 9
BY repealing and reenacting, without amendments, 10
Article – Business Regulation 11
Section 5–805(a)(1) and (2) 12
Annotated Code of Maryland 13
(2024 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Business Regulation 16
Section 5–806 17
Annotated Code of Maryland 18
(2024 Replacement Volume and 2025 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Real Property 21
2 HOUSE BILL 893
Section 14–121(a)(1) and (3) 1
Annotated Code of Maryland 2
(2023 Replacement Volume and 2025 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Business Regulation 6
5–805. 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) “Abandoned cemetery” means a cemetery for which: 9
(i) 1. the organization established to engage in the operation of 10
the cemetery has been terminated, has been subject to administrative dissolution by the 11
State, or has otherwise ceased to exist; and 12
2. title has not been conveyed; 13
(ii) there is no property owner listed in the records of the State 14
Department of Assessments and Taxation; 15
(iii) the property has been condemned; or 16
(iv) no person who is legally responsible for the property can be found 17
and legal ownership of the property cannot be determined. 18
5–806. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “ABANDONED CEMETERY” HAS THE MEANING STATED IN § 5–805 22
OF THIS SUBTITLE. 23
(3) “CULTURAL AFFILIATION” HAS THE MEANING STATED IN § 14–121 24
OF THE REAL PROPERTY ARTICLE. 25
(4) “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN 26
ORGANIZATION WHOSE M EMBERS HAVE ANCESTOR S WHO ARE INTERRED I N A 27
PARTICULAR CEMETERY OR WHO HAVE A CULTUR AL AFFILIATION OR A RACIAL OR 28
ETHNIC AFFINITY WITH THE DECEASED PERSONS INTERRED IN A PARTIC ULAR 29
CEMETERY. 30
HOUSE BILL 893 3
(B) (1) A GOVERNMENTAL UNIT MA Y, BY CONDEMNATION , ACQUIRE 1
PROPERTY ON WHICH AN ABANDONED CEMETERY IS LOCATED WITH THE INTENT TO 2
TRANSFER THE PROPERTY TO: 3
(I) THE DESCENDANTS OF THE DECEASED PERSONS INTERRED 4
IN THE CEMETERY; 5
(II) A DESCENDANT COMMUNITY ORGANIZATION; OR 6
(III) A NONPROFIT ORGANIZATION; OR 7
(IV) A VETERANS’ ORGANIZATION. 8
(2) A GOVERNMENTAL UNIT US ING CONDEMNATION PRO CEEDINGS 9
TO ACQUIRE PROPERTY UND ER PARAGRAPH (1) OF THIS SUBSECTION S HALL 10
CONDUCT THE CONDEMNATION IN ACCORDANCE WITH MARYLAND RULE 12–204. 11
(C) (1) A GOVERNMENTAL UNIT TH AT ACQUIRES PROPERTY ON WHICH 12
AN ABANDONED CEMETERY IS LOCATED UNDER S UBSECTION (B) OF THIS SECTION 13
SHALL MAKE TIMELY AND REASONABLE EFFORTS AFTER ACQUISITION TO CONTACT 14
DESCENDANTS OF THE D ECEASED PERSONS INTE RRED IN THE ABANDONE D 15
CEMETERY IN ORDER TO IDENTIFY DESCENDANTS , A DESCENDANT COMMUNI TY 16
ORGANIZATION, OR A NONPROFIT ORGANIZATION TO WHICH THE PROPERTY MAY BE 17
TRANSFERRED. 18
(2) (I) A PERSON OR ORGANIZATION LISTED UNDER SUBS ECTION 19
(B)(1) OF THIS SECTION MAY BRING AN ACTION REQU ESTING THE COURT TO 20
TRANSFER PROPERTY ACQUIRED BY A GOVERNMENTAL UNIT UNDER THIS SECTION 21
TO THE PERSON OR ORGANIZATION. 22
(II) WITHIN 6 MONTHS AFTER AN ACTI ON IS BROUGHT UNDER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COURT SHALL MAKE A 24
DETERMINATION ON THE DISPOSITION OF THE PROPERTY. 25
(D) ANY DESCENDANT , DESCENDANT COMMUNITY ORGANIZATION, OR 26
NONPROFIT ORGANIZATION THAT ACQUIRES PROPERTY UNDER SUBSECTION (B) OF 27
THIS SECTION SHALL M AINTAIN AND PRESERVE THE ABANDONED CEMETE RY ON 28
THE PROPERTY. 29
(E) IF A GOVERNMENTAL UNI T THAT ACQUIRES PROPERTY UNDER 30
SUBSECTION (B) OF THIS SECTION, THE GOVERNMENTAL UNIT: 31
4 HOUSE BILL 893
(1) SHALL MAINTAIN AND P RESERVE THE ABANDONE D CEMETERY 1
LOCATED ON THE PROPE RTY UNTIL THE GOVERN MENTAL UNIT IS ABLE TO 2
TRANSFER THE PROPERTY TO A PERSON DESCRIBED UNDER SUBSECTION (B)(1) OF 3
THIS SECTION; AND 4
(2) IF THE GOVERNMENTAL UNIT IS UNABLE TO TR ANSFER THE 5
PROPERTY TO A PERSON DESCRIBED UNDER SUBSECTION (B)(1) OF THIS SECTION 6
IN A REASONABLE PERI OD OF TIME , MAY FACILITATE THE R EINTERMENT OF ANY 7
HUMAN REMAINS OR PET REMAINS FROM THE CEMETERY ON THE PROPERTY TO AN 8
APPROPRIATE OPERATIONAL CEMETERY. 9
Article – Real Property 10
14–121. 11
(a) (1) In this section the following words have the meanings indicated. 12
(3) “Cultural affiliation” means a relationship of shared group identity that 13
can be reasonably traced historically between a present–day group, tribe, band, or clan and 14
an identifiable earlier group. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.