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## § 57-39.7 – Applicability; abandonment determination limited in certain circumstances

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Sections 57-39.2 through 57-39.6 shall be construed to apply to and authorize a determination of abandonment of any unoccupied part of a cemetery lot. In any proceeding to determine the abandonment of an unoccupied part of a cemetery lot, the court shall also determine what part, if any, shall be considered as having been abandoned. Such sections shall not be construed to apply to and authorize a determination of abandonment of (i) that part of a cemetery lot wherein there has been an interment, (ii) any cemetery lot or part thereof to which unrestricted fee simple title has been conveyed by a cemetery, or (iii) any cemetery lot or part thereof for which perpetual care has been provided by contract with the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot or part thereof.