§ 23-21-17 — Disposal of lands

Whenever human remains have been ordered removed under this chapter, and the
cemetery authority has made and published notice of intention to remove such remains, the
portions of the cemetery in which no interments have been made, and those portions from
which all human remains have been removed, may be sold, mortgaged, or otherwise
encumbered as security for any loan or loans made to the cemetery authority. No order of any
court is required prior to the making of any such sale, mortgage, or other encumbrance of such
lands; but any sale of such cemetery lands made by any cemetery corporation, limited liability
company, or association controlled by a governing body must be fairly conducted and the price
paid must be fair and reasonable and all such sales must be confirmed, as to the fairness and
reasonableness of the price paid, by the district court of the county in which the lands are
situated.