Sec. 48-18. Mode of taking land to enlarge cemetery.
Sec. 48-18. Mode of taking land to enlarge cemetery. The owner of any cemetery
who wishes to enlarge its limits by adding land, the title to which he cannot otherwise
acquire, may prefer a complaint for the right to take the same to the superior court for
the judicial district in which such land is situated; and said court may appoint a committee
of three disinterested persons, who, after examining the premises and hearing the parties,
shall report to the court as to the necessity and propriety of such enlargement and as to
the quantity, boundaries and value of the land which they deem proper to be taken for
that purpose and the damages resulting from the taking. If such committee reports that
such enlargement is necessary and proper and the court accepts such report, the decision
of such court thereon shall have the effect of a judgment and execution may be issued
thereon accordingly, in favor of the person to whom damages may be assessed, for the
amount thereof; and, on payment thereof, the title to the land for such purpose shall be
vested in the complainant, but such land shall not be taken until such damages are paid
to such owner or deposited with the treasurer of the judicial district, for his use, which
shall be done within thirty days after such report is accepted. If such application is
denied, the owner of the land shall recover costs of the applicant, to be taxed by such
court, which may issue execution therefor. Land so taken shall be held by the owner of
such cemetery as a public burying ground for public use.
(1949 Rev., S. 7185; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 replaced "county" with "judicial district".
Such an act is valid; one association may be authorized to take land of another. 77 C. 85; 87 C. 428. The right of eminent
domain is specifically given to the owner of any cemetery. 168 C. 447. Cited. 180 C. 680.