PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10.--MISCELLANEOUS PROVISIONS
14-1007a.Acquisition of cemetery and additions or lands therefor; publication
of notice; protest petition; election; appeal from condemnation proceeding.
Any city of second class may acquire a cemetery for public use
or any addition to an existing cemetery, or lands therefor, except that lots
owned by private individuals for burial purposes shall only be
acquired for the purposes of care and upkeep. Such cemetery, addition or
lands may be located either inside or outside the city and may be acquired
by purchase or by condemnation proceedings as now provided by law
for the appropriation of private land for public use. This act shall not
authorize the condemnation or appropriation of cemetery grounds owned or
used by any religious body or denomination for burial purposes. Before
the governing body of any city takes action to purchase or condemn any cemetery,
any addition to an existing cemetery
or lands, it shall cause to be published once each week for two
consecutive weeks in the official city newspaper a notice of such intention.
Such notice shall state that action will be taken to acquire such
property upon a certain date, which shall be not less than 10 days
from the last publication of the notice, unless on or before such date
there is filed with the city clerk a petition signed by at least 10%
of the qualified electors of the city protesting such
action.
In the event such a petition is filed, the governing body of
the city may submit the question of acquiring such property at the next city
election. If a majority of those voting upon such proposition vote in
the affirmative, the governing body shall proceed to acquire such land.
Upon acquisition of any cemetery by the city where funds have
been provided either by the owners of such cemetery or by the owners of
lots therein for the upkeep of lots in such cemetery, the funds so
provided shall pass to such city in trust to be administered by it for
the purpose and according to the terms of which such funds were acquired
and to carry out the purpose for which such funds were acquired. In any
condemnation proceeding an appeal may be had
from such proceedings as to the value of the cemetery or lands or any
other damages, in the manner as now provided by law in connection with
the appropriation of land for public use by the exercise of the right of
eminent domain.
History: L. 1925, ch. 117, § 1; L. 1945, ch. 140, § 1; L.
1949, ch. 170, § 1; L. 1981, ch. 173, § 49; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10.--MISCELLANEOUS PROVISIONS
14-1007a.Acquisition of cemetery and additions or lands therefor; publication
of notice; protest petition; election; appeal from condemnation proceeding.
Any city of second class may acquire a cemetery for public use
or any addition to an existing cemetery, or lands therefor, except that lots
owned by private individuals for burial purposes shall only be
acquired for the purposes of care and upkeep. Such cemetery, addition or
lands may be located either inside or outside the city and may be acquired
by purchase or by condemnation proceedings as now provided by law
for the appropriation of private land for public use. This act shall not
authorize the condemnation or appropriation of cemetery grounds owned or
used by any religious body or denomination for burial purposes. Before
the governing body of any city takes action to purchase or condemn any cemetery,
any addition to an existing cemetery
or lands, it shall cause to be published once each week for two
consecutive weeks in the official city newspaper a notice of such intention.
Such notice shall state that action will be taken to acquire such
property upon a certain date, which shall be not less than 10 days
from the last publication of the notice, unless on or before such date
there is filed with the city clerk a petition signed by at least 10%
of the qualified electors of the city protesting such
action.
In the event such a petition is filed, the governing body of
the city may submit the question of acquiring such property at the next city
election. If a majority of those voting upon such proposition vote in
the affirmative, the governing body shall proceed to acquire such land.
Upon acquisition of any cemetery by the city where funds have
been provided either by the owners of such cemetery or by the owners of
lots therein for the upkeep of lots in such cemetery, the funds so
provided shall pass to such city in trust to be administered by it for
the purpose and according to the terms of which such funds were acquired
and to carry out the purpose for which such funds were acquired. In any
condemnation proceeding an appeal may be had
from such proceedings as to the value of the cemetery or lands or any
other damages, in the manner as now provided by law in connection with
the appropriation of land for public use by the exercise of the right of
eminent domain.
History: L. 1925, ch. 117, § 1; L. 1945, ch. 140, § 1; L.
1949, ch. 170, § 1; L. 1981, ch. 173, § 49; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE SECOND CLASS
Article 10.--MISCELLANEOUS PROVISIONS
14-1007a.Acquisition of cemetery and additions or lands therefor; publication
of notice; protest petition; election; appeal from condemnation proceeding.
Any city of second class may acquire a cemetery for public use
or any addition to an existing cemetery, or lands therefor, except that lots
owned by private individuals for burial purposes shall only be
acquired for the purposes of care and upkeep. Such cemetery, addition or
lands may be located either inside or outside the city and may be acquired
by purchase or by condemnation proceedings as now provided by law
for the appropriation of private land for public use. This act shall not
authorize the condemnation or appropriation of cemetery grounds owned or
used by any religious body or denomination for burial purposes. Before
the governing body of any city takes action to purchase or condemn any cemetery,
any addition to an existing cemetery
or lands, it shall cause to be published once each week for two
consecutive weeks in the official city newspaper a notice of such intention.
Such notice shall state that action will be taken to acquire such
property upon a certain date, which shall be not less than 10 days
from the last publication of the notice, unless on or before such date
there is filed with the city clerk a petition signed by at least 10%
of the qualified electors of the city protesting such
action.
In the event such a petition is filed, the governing body of
the city may submit the question of acquiring such property at the next city
election. If a majority of those voting upon such proposition vote in
the affirmative, the governing body shall proceed to acquire such land.
Upon acquisition of any cemetery by the city where funds have
been provided either by the owners of such cemetery or by the owners of
lots therein for the upkeep of lots in such cemetery, the funds so
provided shall pass to such city in trust to be administered by it for
the purpose and according to the terms of which such funds were acquired
and to carry out the purpose for which such funds were acquired. In any
condemnation proceeding an appeal may be had
from such proceedings as to the value of the cemetery or lands or any
other damages, in the manner as now provided by law in connection with
the appropriation of land for public use by the exercise of the right of
eminent domain.
History: L. 1925, ch. 117, § 1; L. 1945, ch. 140, § 1; L.
1949, ch. 170, § 1; L. 1981, ch. 173, § 49; July 1.