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.
Structure Connecticut General Statutes
Section 48-2. - When counties may take land.
Section 48-3. - Town may take land for town house or town hall.
Section 48-4. - Taking land for school purposes; exception.
Section 48-5. - Powers of towns in taking land for school purposes.
Section 48-7. - Town, borough or fire district may condemn land for square, common or park.
Section 48-8. - Town may condemn land for records building.
Section 48-9. - Condemnation of land and water for state institutions and courthouses.
Section 48-10. - Damages to be determined by state referee.
Section 48-11. - Deposit in court pending determination of amount to be paid.
Section 48-12. - Procedure for condemning land.
Section 48-13. - Inspection and testing prior to condemnation.
Section 48-14. - Value of crops included in damage computation.
Section 48-14a. - Apportionment of taxes.
Section 48-15. - Valuation of flood-damaged property.
Section 48-16. - Possession of property pending condemnation proceedings.
Section 48-17. - Payment for property taken by condemnation by the state.
Section 48-17b. - Inverse condemnation. Plaintiff's award.
Section 48-17c. - Payment of award.
Section 48-17d. - Environmental remediation costs.
Section 48-18. - Mode of taking land to enlarge cemetery.
Section 48-20. - Condemnation of land of incapable person.
Section 48-22. - Joint assessments for particular and remainder estates.
Section 48-23. - Obtaining possession of land acquired by eminent domain.
Section 48-25. - Installment payment of awards or sale price.
Section 48-26. - Condemnor to pay appraisal fees and fees of experts, when.
Section 48-27. - State referee approval of certain negotiated condemnations.