14-1007a.   Acquisition of cemetery and additions or lands therefor; publicationof notice; protest petition; election; appeal from condemnation proceeding.Any city of second class may acquire a cemetery for public useor any addition to an existing cemetery, or lands therefor, except that lotsowned by private individuals for burial purposes shall only beacquired for the purposes of care and upkeep. Such cemetery, addition orlands may be located either inside or outside the city and may be acquiredby purchase or by condemnation proceedings as now provided by lawfor the appropriation of private land for public use. This act shall notauthorize the condemnation or appropriation of cemetery grounds owned orused by any religious body or denomination for burial purposes. Beforethe governing body of any city takes action to purchase or condemn any cemetery,any addition to an existing cemeteryor lands, it shall cause to be published once each week for twoconsecutive weeks in the official city newspaper a notice of such intention.Such notice shall state that action will be taken to acquire suchproperty upon a certain date, which shall be not less than 10 daysfrom the last publication of the notice, unless on or before such datethere is filed with the city clerk a petition signed by at least 10%of the qualified electors of the city protesting suchaction.

      In the event such a petition is filed, the governing body ofthe city may submit the question of acquiring such property at the next cityelection. If a majority of those voting upon such proposition vote inthe affirmative, the governing body shall proceed to acquire such land.Upon acquisition of any cemetery by the city where funds havebeen provided either by the owners of such cemetery or by the owners oflots therein for the upkeep of lots in such cemetery, the funds soprovided shall pass to such city in trust to be administered by it forthe purpose and according to the terms of which such funds were acquiredand to carry out the purpose for which such funds were acquired. In anycondemnation proceeding an appeal may be hadfrom such proceedings as to the value of the cemetery or lands or anyother damages, in the manner as now provided by law in connection withthe appropriation of land for public use by the exercise of the right ofeminent domain.

      History:   L. 1925, ch. 117, § 1; L. 1945, ch. 140, § 1; L.1949, ch. 170, § 1; L. 1981, ch. 173, § 49; July 1.