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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0234*
SENATE BILL 234
C2 6lr1476
By: Senator Salling
Introduced and read first time: January 15, 2026
Assigned to: Finance
A BILL ENTITLED
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 organization; 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
Section 14–121(a)(1) and (3) 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2025 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 234
Article – Business Regulation 1
5–805. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Abandoned cemetery” means a cemetery for which: 4
(i) 1. the organization established to engage in the operation of 5
the cemetery has been terminated, has been subject to administrative dissolution by the 6
State, or has otherwise ceased to exist; and 7
2. title has not been conveyed; 8
(ii) there is no property owner listed in the records of the State 9
Department of Assessments and Taxation; 10
(iii) the property has been condemned; or 11
(iv) no person who is legally responsible for the property can be found 12
and legal ownership of the property cannot be determined. 13
5–806. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “ABANDONED CEMETERY” HAS THE MEANING STATED IN § 5–805 17
OF THIS SUBTITLE. 18
(3) “CULTURAL AFFILIATION” HAS THE MEANING STATED IN § 14–121 19
OF THE REAL PROPERTY ARTICLE. 20
(4) “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN 21
ORGANIZATION WHOSE M EMBERS HAVE ANCESTOR S WHO ARE INTERRED I N A 22
PARTICULAR CEMETERY OR WHO HAVE A CULTUR AL AFFILIATION OR A RACIAL OR 23
ETHNIC AFFINITY WITH THE DECEASED PERSONS INTERRED IN A PARTIC ULAR 24
CEMETERY. 25
(B) (1) A GOVERNMENTAL UNIT MA Y, BY CONDEMNATION , ACQUIRE 26
PROPERTY ON WHICH AN ABANDONED CEMETERY IS LOCATED WITH THE INTENT TO 27
TRANSFER THE PROPERTY TO: 28
(I) THE DESCENDANTS OF THE DECEASED PERSONS INTERRED 29
IN THE CEMETERY; 30
SENATE BILL 234 3
(II) A DESCENDANT COMMUNITY ORGANIZATION; OR 1
(III) A NONPROFIT ORGANIZATION. 2
(2) A GOVERNMENTAL UNIT US ING CONDEMNATION PRO CEEDINGS 3
TO ACQUIRE PROPERTY UND ER PARAGRAPH (1) OF THIS SUBSECTION S HALL 4
CONDUCT THE CONDEMNATION IN ACCORDANCE WITH MARYLAND RULE 12–204. 5
(C) (1) A GOVERNMENTAL UNIT TH AT ACQUIRES PROPERTY ON WHICH 6
AN ABANDONED CEMETERY IS LOCATED UNDER S UBSECTION (B) OF THIS SECTION 7
SHALL MAKE TIMELY AND REASONABLE EFFORTS AFTER ACQUISITION TO CONTACT 8
DESCENDANTS OF THE D ECEASED PERSONS INTE RRED IN THE ABANDONE D 9
CEMETERY IN ORDER TO IDENTIFY DESCENDANTS , A DESCENDANT COMMUNI TY 10
ORGANIZATION, OR A NONPROFIT ORGANIZATION TO WHICH THE PROPERTY MAY BE 11
TRANSFERRED. 12
(2) A PERSON OR ORGANIZATION LISTED UNDER SUBSECTION (B)(1) 13
OF THIS SECTION MAY BRING AN ACTION REQU ESTING THE COURT TO TRANSFER 14
PROPERTY ACQUIRED BY A GOVERNMENTAL UNIT UNDER THIS SECTION T O THE 15
PERSON OR ORGANIZATION. 16
(D) ANY DESCENDANT , DESCENDANT COMMUNITY ORGANIZATION, OR 17
NONPROFIT ORGANIZATION THAT ACQUIRES PROPERTY UNDER SUBSECTION (B) OF 18
THIS SECTION SHALL M AINTAIN AND PRESERVE THE ABANDONED CEMETE RY ON 19
THE PROPERTY. 20
(E) IF A GOVERNMENTAL UNI T THAT ACQUIRES PROP ERTY UNDER 21
SUBSECTION (B) OF THIS SECTION IS U NABLE TO TRANSFER TH E PROPERTY TO A 22
PERSON DESCRIBED UND ER SUBSECTION (B)(1) OF THIS SECTION WITH IN A 23
REASONABLE PERIOD OF TIME, THE GOVERNMENTAL UNIT: 24
(1) SHALL MAINTAIN AND P RESERVE THE ABANDONE D CEMETERY 25
LOCATED ON THE PROPERTY; AND 26
(2) MAY FACILITATE THE REINTERMENT OF ANY HUMAN REMAINS OR 27
PET REMAINS FROM THE CEMETERY ON THE PROP ERTY TO AN OPERATION AL 28
CEMETERY. 29
Article – Real Property 30
14–121. 31
(a) (1) In this section the following words have the meanings indicated. 32
4 SENATE BILL 234
(3) “Cultural affiliation” means a relationship of shared group identity that 1
can be reasonably traced historically between a present–day group, tribe, band, or clan and 2
an identifiable earlier group. 3
SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect 4
October 1, 2026. 5