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An Act To Clarify the Definition of "Ancient Burying Ground"
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 13 MRSA §1101-A, sub-§1, as enacted by PL 1999, c. 700, §2, is amended to read:
 
1. Ancient burying ground.   "Ancient burying ground" means a private cemetery or family burying ground established before 1880. "Ancient burying ground" includes, but is not limited to, a private cemetery established pursuant to Public Law 1829, chapter 420, section 1 or Public Law 1839, chapter 392.
Sec. 2.  13 MRSA §1101-B, sub-§3  is enacted to read:
 
3.  Documentation; lack of documentation or apparent marked boundaries.     The existence of an ancient burying ground may be documented in family papers, including but not limited to deeds or manuscripts or published records of the history of the county or municipality where the ancient burying ground is located or on historical or current maps of the area where the ancient burying ground is located.
 
The existence of an ancient burying ground may be documented in the records of the register of deeds of the county in which the ancient burying ground was located when it was established or in the records of the municipality in which the ancient burying ground was located when it was established.
 
A lack of documentation of an ancient burying ground as described in this subsection does not negate the existence of, or a place's status as, an ancient burying ground.
 
A lack of apparent marked boundaries of an ancient burying ground does not negate the existence of, or a place's status as, an ancient burying ground.
 
SUMMARY
This bill provides that ancient burying grounds include private cemeteries established pursuant to Public Law 1829, chapter 420 and Public Law 1839, chapter 392 and family burying grounds established before 1880. It also provides that ancient burying grounds may be documented in family papers, records of registers of deeds or municipal records, but that a lack of such documentation, or of apparent marked boundaries, does not negate the existence of, or a place's status as, an ancient burying ground.