§ 15-2117. Cemeteries.\n 1. Whenever for the purposes of title 21 of this article it shall be\nnecessary to use any portion of any lands or premises now occupied by\ngraves, burial places, cemeteries, or other places of interment of human\nremains, the board may acquire the same in the same manner as other real\nestate may be acquired by it. Provided, however, that if lands or\npremises so occupied and sought to be acquired are not within a cemetery\nunder the actual control and management of a then existing religious or\ncemetery corporation, and proceedings shall have been instituted by the\nboard for their acquisition under the eminent domain procedure law, the\ncourt, if satisfied at any stage of the proceedings, that the public\ninterests will be prejudiced by delay, may, by order, direct that the\nboard may enter immediately on such lands and premises, and, after the\nprovisions of subdivisions 4 through 8 of this section and sections 304\nand 404 of the eminent domain procedure law have been complied with, may\ndevote the same to the public use specified in the petition, upon\ndeposit with the court of a sum to be fixed by the court; but no such\norder shall be made except upon notice of the application therefor\nserved and posted as hereinafter provided.\n 2. Such notice shall be served as follows: If any of the owners or\ntheir places of residence are unknown, notice addressed, generally, to\nall owners of and persons interested in the lands used for graves,\nburial places, cemetery purposes or places of interment within a certain\nlot, tract or parcel of land, to be described with sufficient certainty\nto identify it, shall be published in the time and manner prescribed by\nsubdivisions 4 through 8 with respect to the notice therein provided\nfor. Owners, if any, whose names and places of residence are known and\nwho reside within the state, shall be served with such notice personally\nor by leaving the notice at the abode of the owner to be served, with a\nperson of suitable age and discretion residing therein. Owners, if any,\nwhose names and places of residence are known and who reside without the\nstate, shall be served with such notice by mail, the notice to be\ndeposited in a post office in the state, addressed to the owner to be\nserved, and inclosed in a securely sealed postpaid wrapper. The notice\nalso shall be posted conspicuously in ten places in each town in which\nthe lands are located, at least twenty days before the time of making\nthe application. If the notice be published, the time for making the\napplication shall be not less than eight days nor more than sixteen days\nafter the last publication, and in any case personal service, if any, or\nservice by leaving at the owner's abode, shall be made at least eight\ndays, and service by mail, if any, at least thirty days, before the time\nof making the application. If, in the condemnation proceeding, an\nattorney has been appointed by the court to represent defendants served\nwith the original notice otherwise than personally, under the eminent\ndomain procedure law, the notice also shall be served on him, at least\neight days before the time of making the application.\n 3. The notice shall specify the relief sought and the time and place\nof making the application. The papers or proofs submitted to the court\non the application shall include due proofs of the service and posting\nof the notice and proof, by affidavit, that the persons, if any, served\npersonally or by leaving at their abodes or by mail constitute all of\nthe owners of and persons interested in the lands so occupied whose\nnames and places of residence are known, or, if none were so served,\nthat all of the owners are unknown, and if certain owners were known but\nnot their places of residence, and therefore were not served, personally\nor by mail, that fact and the names of such owners shall be stated. Such\naffidavit also shall set forth the extent of the inquiry to ascertain\nthe
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.