11-11-5: ABANDONMENT OF BURIAL SPACE:
A. The right of interment in any unoccupied burial space in the cemetery shall, upon abandonment, revert to the town, as provided below.
B. Failure to inter in any burial space within fifty (50) years from the date of purchase shall create a presumption that the same has been abandoned. This presumption shall not apply if a written statement has been filed with the town clerk by the owner or the owner's heirs or assigns evidencing an intent to retain the specified burial spaces.
C. A presumed abandonment shall be deemed complete if:
1. The owner has been notified of the presumed abandonment in writing, mailed to the owner's last known address, by the town clerk, or in the event that the address of the owner and/or the owner's heirs cannot be ascertained, notice of such abandonment has been given by publishing the same in a local newspaper once a week for five (5) consecutive weeks; and
2. Neither the owner nor the owner's heirs or assigns have contacted the town clerk within sixty (60) days after the date the notice of abandonment was mailed or after final publication of such notice, whichever is applicable.
D. Upon abandonment, the town may thereafter sell, transfer and convey the right to interment therein, free and clear of any right, title or interest of the former owner. (Ord. 11, Series 2023)