Table of Contents
Sec. 19a-296. (Formerly Sec. 19-147). Cemetery associations.
Sec. 19a-315c. Maintenance of burial places.
Sec. 19a-296. (Formerly Sec. 19-147). Cemetery associations. (a) Cemetery associations shall be organized in accordance with the provisions of sections 33-1025 to
33-1047, inclusive, and shall not be conducted for the purposes of speculation in cemetery lots and property, or for private gain, either directly or indirectly, to any of the
members of any such association; and land for the enlargement of a cemetery may be
taken in accordance with the provisions of section 48-18.
(b) The board of directors or board of trustees of any cemetery association shall
hold an annual meeting of the association. At such annual meeting, the board shall accept
an annual financial statement that shall contain an accounting of income and expenses
of the cemetery association for the preceding fiscal year and an accounting of assets
owned by the association. Such financial statement shall be included in the minutes of
the annual meeting at which such financial statement was accepted. The board shall
retain the minutes of such annual meeting for a period of not less than twenty years after
(c) No officer, director or trustee of a cemetery association may serve as an officer,
director or trustee of any company that manages or operates any aspect of the cemetery.
(d) Any interested party may petition the probate court for the district within which
the cemetery owned or controlled by a cemetery association is located to require disclosure of the minutes of an annual meeting of the cemetery association including any
financial statement required to be included in such minutes. The court may, after hearing,
with notice to all interested parties, grant the petition and require disclosure of such
minutes for such periods of time as it determines are reasonable and necessary on finding
that: (1) The petitioner has an interest in the minutes sufficient to warrant disclosure,
and (2) the petition is not for the purpose of harassment.
(1949 Rev., S. 4704; 1959, P.A. 617, S. 109; P.A. 96-256, S. 184, 209; P.A. 05-197, S. 2.)
History: 1959 act deleted reference to section 33-146, substituting sections 33-423 to 33-432; Sec. 19-147 transferred
to Sec. 19a-296 in 1983; P.A. 96-256 replaced reference to Secs. 33-423 to 33-432, inclusive, with Secs. 33-1025 to Sec.
33-1047, inclusive, effective January 1, 1997; P.A. 05-197 designated existing provisions as Subsec. (a) and added Subsecs.
(b) re annual meeting and financial statement, (c) re officers, directors and trustees and (d) re petition for disclosure of
minutes and financial statement.
Sec. 19a-315c. Maintenance of burial places. (a) Notwithstanding the provisions
of section 19a-315b, a burial ground authority shall have the right to properly maintain
an ancient burial place, cemetery or burial place, which right shall include: (1) Repair,
rehabilitation, repositioning or resetting of grave markers in accordance with the rules
and regulations of the burial ground authority; and (2) the renovation of the ancient
burial place, cemetery or burial place as a whole.
(b) For purposes of subsection (a), no renovation of an ancient burial place, cemetery
or burial place as a whole may be commenced until after: (1) The burial ground authority
has conspicuously posted within the ancient burial place, cemetery or burial place, for
a period of not less than ninety days, a notice that such renovation shall take place; and
(2) the burial ground authority, at least ninety days before commencing a renovation,
has provided written notice to the probate court having jurisdiction over the location of
the burial place and to the Connecticut Commission on Culture and Tourism. Such
notice to the probate court shall describe the renovation plans and include photographs
of any area or grave marker involved.
(c) Following the notice period provided for in subsection (b) of this section, and
subject to the provisions of subsection (d) of this section, a burial ground authority may
renovate an ancient burial place, cemetery or burial place by: (1) The removal of any
or all fencing, railing or curbing, if such removal is determined by the burial ground
authority to be necessary or desirable for the proper and efficient maintenance of the
ancient burial place, cemetery or burial place as a whole; and (2) the repositioning or
resetting of any monument or tombstone.
(d) At any time prior to the expiration of the notice period provided for in subsection
(b) of this section, the probate court may assume jurisdiction over such renovation and
order a hearing, with notice of such hearing to be given to the burial ground authority,
the owner, the qualified lineal descendant, the Connecticut Commission on Culture
and Tourism and otherwise as the court deems appropriate, to determine whether such
renovation is necessary for the proper and efficient maintenance of the ancient burial
place, cemetery or burial place as a whole. Upon notice of such hearing, the burial
ground authority shall not proceed with such renovation except in accordance with the
order of the probate court.
(P.A. 85-319, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S.
30; P.A. 05-288, S. 77.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 05-288 made technical changes
in Subsecs. (c) and (d), effective July 13, 2005.