New Jersey Assembly Bill A2283

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

The "Family and Private Burial Grounds Preservation Act."

Impact

If enacted, this legislation would authorize the Department of Environmental Protection (DEP) to supervise and enforce regulations regarding family and private burial grounds. Homeowners with burial grounds on their property are required to report their existence to the DEP. The bill also stipulates that no construction or excavation may occur within 15 feet of such grounds without proper permissions, effectively safeguarding these sites from potential damages during development activities. The legislative measure reflects a commitment to preserving cultural and familial legacies, acknowledging the significance of burial places to communities.

Summary

Assembly Bill A2283, known as the 'Family and Private Burial Grounds Preservation Act', is designed to enhance protections for burial grounds established and used by private individuals or families in New Jersey. The bill aims to prevent the disturbance and destruction of these burial sites by making it unlawful to intentionally harm or allow harm to come to burial grounds or the human remains and objects interred therein. It emphasizes the importance of respecting these sites and introduces penalties for violations, including both civil and criminal liabilities, depending on the severity of the offense.

Contention

Notably, the bill addresses situations in which burial grounds become neglected to the point of being deemed a public hazard, allowing local health authorities to intervene and apply for municipal ownership through eminent domain. This aspect of the bill has raised questions about autonomy and local governance, as property owners may face loss of land rights in favor of preservation measures. With penalties reaching up to $10 million for economic benefits gained through violations, there is ongoing debate regarding the balance between development opportunities and the preservation of historic sites, indicating potential conflicts among stakeholders in urban and rural settings.