Sec. 21. (a) A cemetery board may exercise the power of eminent domain:
(1) within the boundaries of the municipality; and
(2) also outside the municipality, within a distance of five (5) miles from the corporate limits of the municipality;
for the purpose of acquiring additional cemetery lands.
(b) A cemetery board may pay damages to landowners for the lands and property taken or injuriously affected, proceeding in accordance with the statutes applying to municipalities when exercising the power of eminent domain.
(c) A cemetery board may bring suit in the name of the cemetery board in eminent domain proceedings and in other matters whenever the action is necessary to protect the interests of the cemetery board in its conduct and discharge of its duties or obligations, rights, and privileges. A suit may be brought against the cemetery board in its own name.
As added by P.L.52-1997, SEC.39.
Structure Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations
Chapter 65. City and Town Cemeteries
23-14-65-1. "Cemetery Board" Defined
23-14-65-2. "Executive" Defined
23-14-65-3. "Legislative Body" Defined
23-14-65-4. "Municipality" Defined
23-14-65-5. Application of Chapter
23-14-65-6. Powers and Duties of Legislative Body
23-14-65-7. Permanent Maintenance Fund
23-14-65-8. Gifts, Donations, Bequests, or Devises
23-14-65-9. Transfer of Control and Management to Public Works or Public Works and Safety Board
23-14-65-10. Transfer of Control and Management to Board of Trustees
23-14-65-11. Transfer of Control and Management to Board of Cemetery Regents; Board Members
23-14-65-12. Board of Cemetery Regents; Members; Vacancy; Quorum; Removal
23-14-65-12.5. Transfer of Control and Management to Cemetery Caretaker
23-14-65-13. Notice of Proposed Transfer of Management and Control; Hearing
23-14-65-13.5. Notice of Proposed Transfer of Management; Hearing
23-14-65-13.7. Cemetery Caretaker Vacancy
23-14-65-15. Powers of Cemetery Board
23-14-65-16. Execution of Deed; Requirements for Deferred Payment Sales
23-14-65-17. Employment of Agents and Employees; Collection and Receipt of Money
23-14-65-18. Purchase of Property
23-14-65-19. Financial Report; Budget; Expenditure of Money
23-14-65-20. Awarding of Contracts
23-14-65-22. Delivery of Money to Controller or Clerk-Treasurer; Payment of Expenses
23-14-65-23. Acceptance and Receipt of Real and Personal Property
23-14-65-24. Placement of Bonds or Other Securities in Safety Deposit Box
23-14-65-25. Improvement and Development of Cemetery; Adoption of Resolution