§ 47-29-16 — Circuit court petition for confirmation--Contents of petition--Hearing--Notice of hearing--Method of notice--Including multiple tracts in petition.

Before making any sale or conveyance of the whole or any part of a tract described in § 47-29-15 , the cemetery corporation or association shall file with the circuit court for the county in which such corporation or association maintains a cemetery a petition for confirmation of the determination made under § 47-29-15 , which petition shall set forth the facts showing that such tract is eligible under said section for sale and conveyance. Such court shall thereupon by order appoint a time and place for hearing on such petition, which time shall be not less than thirty days from the date of filing such petition, and which order shall also contain a description of such tract, a statement as to the nature of the order sought by said petition, a reference to said petition on file with the clerk of said court for further particulars, and a statement that any person interested may appear at said hearing and be heard as to whether such petition is to be granted. Notice of such hearing shall be given by publication of such order in a legal newspaper published in said county once each week for three successive weeks prior to said hearing. Any number of such tracts, if meeting the requirements of § 47-29-15 , may be included in such a petition, whether or not such tracts are contiguous.

Legislative History

SDC 1939, § 11.1906 as added by SL 1955, ch 16.