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.