Sec. 21. (a) A cemetery board may exercise the power of eminent domain:

(1) within the boundaries of the municipality; and

Terms Used In Indiana Code 23-14-65-21

  • cemetery board: means :

    Indiana Code 23-14-65-1

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • municipality: means a city or town. See Indiana Code 23-14-65-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) also outside the municipality, within a distance of five (5) miles from the corporate limits of the municipality;

for the purpose of acquiring additional cemetery lands.

     (b) A cemetery board may pay damages to landowners for the lands and property taken or injuriously affected, proceeding in accordance with the statutes applying to municipalities when exercising the power of eminent domain.

     (c) A cemetery board may bring suit in the name of the cemetery board in eminent domain proceedings and in other matters whenever the action is necessary to protect the interests of the cemetery board in its conduct and discharge of its duties or obligations, rights, and privileges. A suit may be brought against the cemetery board in its own name.

As added by P.L.52-1997, SEC.39.