12-515 Real estate; acquisition by condemnation; lands subject.
12-515. Real estate; acquisition by condemnation; lands subject.No land shall be thus taken by eminent domain either for the location of or addition to any cemetery which shall be within one mile of the limits of any city. Whenever a cemetery association organized in the state has been in existence twenty years or more and has within its burial ground one hundred or more bodies interred, and lands adjoining the cemetery ground are within corporate limits of a city or village but are used for agricultural and pasturage purposes, condemnation proceedings may be maintained against such lands as provided in section 12-506. SourceLaws 1911, c. 27, § 1, p. 178; R.S.1913, § 683; Laws 1917, c. 12, § 1, p. 73; C.S.1922, § 592; Laws 1925, c. 138, § 1, p. 367; C.S.1929, § 13-505; Laws 1941, c. 18, § 1, p. 106; C.S.Supp.,1941, § 13-505; R.S.1943, § 12-515; Laws 1951, c. 101, § 34, p. 461.AnnotationsProhibition against acquisition of land within one mile of the limits of any city did not apply to a village. Hueftle v. Eustis Cemetery Assn., 171 Neb. 293, 106 N.W.2d 400 (1960).