New Hampshire Revised Statutes 289:14-a – Maintenance, Repair, and Preservation of Burial Grounds
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I. Any person or organization interested in caring for a burial ground which has not been maintained and the owner of which is unknown, or whose present address in unknown, may petition the selectmen, town council, mayor, or cemetery trustees for permission to clean, maintain, restore, and preserve that burial ground at the person’s or organization’s own expense. Upon approval of this petition on any conditions deemed appropriate, including the permission of the owner of the surrounding property, the selectmen, town council, mayor, or cemetery trustees shall require the person or organization to place an advertisement in a local newspaper providing notice that the burial ground is to be entered and that work is to be done, and notifying persons with a property interest in this burial ground who have objections to come forward by a date certain.
II. A petition under paragraph I may be granted notwithstanding the fact that the burial ground has not been declared abandoned pursuant to the procedure in N.H. Rev. Stat. § 289:20.
III. Any city, town, or public body shall be immune from civil liability in any action brought on the basis of any act or omission by any person who voluntarily and without compensation undertakes to maintain or to repair any burying ground.
IV. No private landowner permitting access over his or her property to a burial ground for the purpose of voluntary maintenance or repair of the burial ground shall be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery.
V. After approval and notice required under N.H. Rev. Stat. § 635:6, II, any marker, gate, or other material removed for repair shall be stored and kept safely in a manner determined by the selectmen, town council, mayor, or cemetery trustees. Upon approval of the selectmen, town council, mayor, or cemetery trustees, a marker, gate, or other material deemed to be at risk of irreparable damage or loss may be placed permanently in a safe facility and the fact of its removal or replacement made visible in the cemetery or in public records.
VI. Any activities undertaken under this section involving an African American grave shall be conducted in consultation with the descendant community.
VII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a site shall be returned for reburial or placement at the grave site, or if removed under the provisions of paragraph V, in consultation with the descendant community.
VIII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a cemetery or burial ground shall be returned for reburial or placement at the grave site, in consultation with the descendants or descendant community. If such return is deemed to be not feasible or appropriate by the descendants or descendant community, they shall be deposited in another suitable location, under paragraph V, in consultation with the descendants or descendant community, by June 30, 2028.
IX. The New Hampshire division of historical resources, department of natural and cultural resources, shall serve in an advisory capacity to municipalities and the descendants and descendant community in complying with paragraphs VI-VIII of this section.
II. A petition under paragraph I may be granted notwithstanding the fact that the burial ground has not been declared abandoned pursuant to the procedure in N.H. Rev. Stat. § 289:20.
Terms Used In New Hampshire Revised Statutes 289:14-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
III. Any city, town, or public body shall be immune from civil liability in any action brought on the basis of any act or omission by any person who voluntarily and without compensation undertakes to maintain or to repair any burying ground.
IV. No private landowner permitting access over his or her property to a burial ground for the purpose of voluntary maintenance or repair of the burial ground shall be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery.
V. After approval and notice required under N.H. Rev. Stat. § 635:6, II, any marker, gate, or other material removed for repair shall be stored and kept safely in a manner determined by the selectmen, town council, mayor, or cemetery trustees. Upon approval of the selectmen, town council, mayor, or cemetery trustees, a marker, gate, or other material deemed to be at risk of irreparable damage or loss may be placed permanently in a safe facility and the fact of its removal or replacement made visible in the cemetery or in public records.
VI. Any activities undertaken under this section involving an African American grave shall be conducted in consultation with the descendant community.
VII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a site shall be returned for reburial or placement at the grave site, or if removed under the provisions of paragraph V, in consultation with the descendant community.
VIII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a cemetery or burial ground shall be returned for reburial or placement at the grave site, in consultation with the descendants or descendant community. If such return is deemed to be not feasible or appropriate by the descendants or descendant community, they shall be deposited in another suitable location, under paragraph V, in consultation with the descendants or descendant community, by June 30, 2028.
IX. The New Hampshire division of historical resources, department of natural and cultural resources, shall serve in an advisory capacity to municipalities and the descendants and descendant community in complying with paragraphs VI-VIII of this section.