§ 41 — Acquisition of cemeteries

§ 41. Acquisition of cemeteries. Whenever in the judgment of the\ncorporation, it is necessary for the purposes of improving, maintaining\nor repairing the canal system, to appropriate any property occupied by\ngraves, burial places, cemeteries or other places of interment of human\nremains, the corporation may acquire such property in the manner and by\nthe method prescribed by this article. It shall cause the removal of all\nsuch remains to any other cemetery or burial place, whether private or\npublic, as the board of trustees or governing body of such burial place\nor burial ground shall designate. All removals and transportation of\nsuch human remains shall be done in accordance with the provisions of\nthe public health law. Whenever any person or persons legally entitled\nto direct as to the disposition of any human remains exhumed or to be\nexhumed from any cemetery, burial place or graves as herein provided,\ndesires to remove the same for reinterment to any burial plot or\ncemetery not within the same county from which such remains were\nexhumed, such person or persons so entitled to designate such other\nburial place or plot shall be permitted to remove such exhumed remains\nfrom such county subject to the written consent of the corporation and\nprovisions of the public health law, but no portion of the expense of\nsuch transportation or burial in another county shall be borne by the\nstate or the corporation.\n