750-o. Removal of dedication. 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.
Last modified: February 3, 2019