§ 36-9-39-30 — Sewage works through cemeteries; purchase or condemnation of rights-of-way; assessments prohibited; removal of bodies; record

Indiana § 36-9-39-30

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 39: Barrett Law Funding for Municipal Sewers

Text

(a) Except as provided in subsection (b), if
the municipal works board finds it necessary to extend any sewage
works through or adjacent to a lot or parcel of land held or used for
cemetery purposes, the municipality may purchase or condemn all
rights-of-way necessary for the extension.
(b) A lot or parcel of land held or used for cemetery purposes may
not be assessed for the construction of the sewage works. The cost of
the sewage works that would otherwise be assessable against the lot or
parcel of land shall be assessed against and paid by the municipality.
(c) If the municipality acquires a right-of-way under this section by
condemnation, an owner of property or valuable interests sought to be
taken or to be injuriously affected who is unknown may be designated
as unknown upon the list required by the statute governing municipal
condemnation proceedings and in all subsequent steps in the
proceedings, including notice by publication.
(d) If a body remains buried within the limits of a right-of-way
acquired under this section, the friends or relatives of the decedent
shall promptly remove the body. If the friends or relatives fail to
remove the body, the works board shall have the body removed and
decently buried in a public cemetery before proceeding with
construction in the right-of-way. The works board shall do the
following:
(1) Plainly mark in an appropriate manner the place of burial and
the names of the persons buried, if known.
(2) Enter the place of burial in the records of the works board.

Legislative History

As added by P.L.98-1993, SEC.10.