Section 750-O. Removal of dedication  


Latest version.
  • Upon  the  filing of a dedication
      restricting real property for the operation  of  a  pet  cemetery,  such
      dedication  may only be amended or removed by order of the supreme court
      of the county where the pet  cemetery  is  located.  Such  petition  for
      amendment  or removal of dedication shall include written consent by all
      persons who purchased or otherwise are entitled to rights of disposal or
      rights to continuing care of a pet grave in  that  portion  of  the  pet
      cemetery  for  which  the dedication is sought to be amended or removed.
      If the portion of the pet cemetery for which the dedication is sought to
      be amended or removed includes pet remains, such  pet  remains  must  be
      removed,  upon  the  written consent of all persons who purchased or are
      otherwise entitled to rights of disposal or rights to continuing care of
      a pet grave, their heirs or assigns, with the removal to be entirely  at
      the  cost  of  the  owner  of the pet cemetery. The court, upon proof of
      diligent efforts and as determined by the court, may dispense  with  the
      written  consent of any person who purchased or is otherwise entitled to
      rights of disposal whose whereabouts, identity or heirs or  assigns  are
      unknown.  In  the  event  that the court has dispensed with any person's
      written consent under this section, the court may make  a  determination
      as to the consideration appropriate for such consent and order that such
      monies  be  deposited  with  the court, which shall then be paid to such
      person upon appropriate proof of  claim.  If  the  premises  are  a  pet
      cemetery,  such petition may additionally include an environmental audit
      if required by the court, which audit shall identify  any  environmental
      problems   caused   by   the   pet   cemetery   activity,  including  an
      identification  of  pet  disposal  sites.  If  the  environmental  audit
      identifies  any  environmental  problem, it shall additionally include a
      plan for the correction  or  remediation  of  such  problems,  including
      financial, human and other resources estimates, projected time schedules
      for  the  completion  of  the  corrective and remedial actions, with the
      court to make any order on the petition conditional upon the  completion
      of  such  corrective  and  remedial  action or upon the deposit with the
      court with such money as determined necessary for  such  remediation  or
      correction.