A. Except as provided in Subsection B of Section 3-40-7 NMSA 1978, a municipality shall not acquire or condemn a cemetery or part of a cemetery unless a detailed audit listing all the assets and liabilities of the cemetery is prepared by a certified public accountant and submitted to the governing body. The municipality shall not be held liable for any liabilities not shown in the audit.
B. Any person, estate, trust, receiver or other group acting as a unit shall transfer to the municipality all records, property, trusts and other relevant material pertaining to the cemetery or part of the cemetery acquired or condemned by the municipality. The acquisition or condemnation and transfer of a cemetery or part of a cemetery shall be in compliance with the Endowed Care Cemetery Act of 1961 [Chapter 58, Article 17 NMSA 1978] and other provisions relating to cemeteries.
History: 1953 Comp., § 14-41-10, enacted by Laws 1973, ch. 395, § 8; 2001, ch. 301, § 2.
Repeals and reenactments. — Laws 1973, ch. 395, § 8, repealed 14-41-10, 1953 Comp., relating to acquisition or condemnation of an existing cemetery, and enacted a new section.
The 2001 amendment, effective April 5, 2001, added the exception at the beginning of Subsection A and made stylistic changes throughout the section.
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