12-1401. Establishment or acquisition in cities or townships; condemnation of land. Any city or any township or city and township or two or more townships desiring to join may establish or acquire a cemetery for public use and may acquire land necessary for such purpose by condemnation, as provided by law. Nothing herein contained shall be construed to authorize the taking or appropriating of cemetery grounds owned or used by any religious body or denomination for burial purposes.
History: R.S. 1923, § 12-1401; L. 1995, ch. 109, § 1; July 1.
Source or prior law:
L. 1897, ch. 81, §§ 1–6; L. 1913, ch. 73, §§ 1–6.
Attorney General's Opinions:
Cemeteries; cities, townships and corporations; acquisition of property. 86-171.
Eminent domain; procedure act; human remains; compensation. 88-73.
CASE ANNOTATIONS
1. Cited in holding ownership by city is test of tax exemption. City of Harper v. Fink, 148 Kan. 278, 281, 80 P.2d 1080.
2. Cited; power of city to zone property resulting in cemetery becoming nonconforming use examined. Johnson County Memorial Gardens, Inc., v. City of Overland Park, 239 Kan. 221, 223, 718 P.2d 1302 (1986).
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