160A-346. Authority to condemn easements for perpetual care.
A city shall have authority to acquire an easement for perpetual care by gift, grant, purchase, or exercise of the power of eminent domain in any cemetery, graveyard, or burial place within the city. When a perpetual care easement is acquired under this section, all city ordinances concerning the care and upkeep of city cemeteries shall be applicable to the cemetery, and the income from city perpetual care trust funds may be used to care for and maintain the cemetery. This section shall not apply to a cemetery licensed by the North Carolina State Burial Association Commissioner or to property owned or controlled by any church or religious organization unless the owner of the property consents to the acquisition. (1951, c. 385, s. 2; 1971, c. 698, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160A - Cities and Towns
§ 160A-341 - Authority to establish and operate cemeteries.
§ 160A-342 - Authority to transfer cemeteries.
§ 160A-343 - Authority to abandon cemeteries.
§ 160A-344 - Authority to assume control of abandoned cemeteries.
§ 160A-345 - Authority to condemn cemeteries.
§ 160A-346 - Authority to condemn easements for perpetual care.