Md. R. Prop. Sales 14-401

As amended through October 15, 2024

Rule 14-401 - Sale for Other Use

(a) Venue. An action for sale of a burial ground for a use other than burial purposes shall be brought in the county in which the burial ground is located. When the burial ground is located in more than one county, the action may be brought in any county in which all or any part of the burial ground is located.

(b) Complaint. The action for sale of a burial ground shall be commenced by filing a complaint that, in addition to complying with Rules 2-303 through 2-305, shall contain:

(1) a description of the burial ground sufficient to enable it to be located,

(2) a statement that the ground has been dedicated and used for burial purposes,

(3) a statement that the burial ground has ceased to be used for burial purposes,

(4) a list of names and last known addresses of all known lot owners, or their assignees, if any, and

(5) a statement of the reasons why it is desirable to sell the burial ground for other uses.

Cross references: See Code, Business Regulation Article, § 5-505, which authorizes a proceeding for the sale of a burial ground that has ceased to be used for such purposes.

For sale of cemeteries in Baltimore City where more than 75% of acreage has been abandoned or becomes a menace, see Code, Business Regulation Article, § 5-506.

As to certain cemeteries in Carroll County, see Code, Real Property Article, § 14-119.

As to exemption of lots held only for burial from attachment or execution and insolvency laws, see Code, Business Regulation Article, § 5-503.

As to condemnation of cemeteries, see Rule 12-204.

(c) Notice--Publication and Posting. Upon the filing of the complaint, the clerk shall issue a notice instead of a summons. The notice shall be signed by the clerk and shall (1) include the caption of the action, (2) describe the substance of the complaint and the relief sought, and (3) inform all lot owners or other persons in interest of the latest date by which a response may be filed. The notice shall be published as provided in Rule 2-122, and a copy of the notice shall be posted in a conspicuous place on the property and at all principal gates or entrances to the burial ground. Additionally, a copy of the notice shall be sent by ordinary mail to each person whose name and last known address are listed in the complaint pursuant to subsection (b)(4) of this Rule.

(d) Proceedings When No Response Filed. If no party in interest appears in response to the notice, the action shall proceed ex parte. The court may order testimony to be taken and enter judgment as it deems proper.

Cross references: For distribution of proceeds of sale among parties interested, see Code, Business Regulation Article, §§ 5-505 and 5-506.

For power of court before making distribution to order that part of proceeds may be set aside and applied to the removal and burial of any dead and the purchase of a lot in another cemetery, see Code, Business Regulation Article, §§ 5-505 and 5-506.

As to legal effect of judgment on title, see Code, Business Regulation Article, §§ 5-505 and 5-506.

Md. R. Prop. Sales 14-401

This Rule is derived as follows:

Section (a) is derived from former Rule J71.

Section (b) is derived from former Rule J70.

Section (c) is derived from former Rule J72.

Section (d) is derived from former Rule J73.

Adopted June 5, 1996, eff. 1/1/1997. Amended Jan. 20, 1999, eff. 7/1/1999.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure J70, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to commencement of actions the sale of a burial ground, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure J71, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to venue, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure J72, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to orders of publication, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure J73, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to proceedings after orders of publication, rescinded June 5, 1996, eff. Jan. 1, 1997.