HOUSE BILL No. 5838


     May 12, 1998, Introduced by Reps. Scranton, Richner and Varga and referred to the Committee on Regulatory Affairs.


        A bill to amend 1871 PA 164, entitled

   "An act to provide for vacating cemetery plats and cemetery
   grounds in the limits of incorporated cities and villages,"

   by amending the title and sections 1 and 3 (MCL 128.41 and

   128.43).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for vacating AND ACQUISITION OF cemetery

 3    plats and cemetery grounds in the limits of incorporated cities

 4    and villages.

 5         Sec. 1.  (1)  That whenever the  THE trustees of any incor-

 6    porated village  ,  or the common council of any city  , shall 

 7    MAY, by resolution adopted by them,  determine  DO THE

 8    FOLLOWING:





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 1         (A) DETERMINE that the dead bodies buried in any public or

 2    private cemetery located in  such  THE city or village should be

 3    removed  therefrom  FROM THE CEMETERY, for the reason that  such 

 4    THE cemetery  shall have  HAS become commons,  or has become

 5     neglected or abandoned by its owner or owners, or  has become a

 6    public nuisance, or  shall impede  IMPEDES the growth of  any

 7     such  THE city or village, or  shall endanger  ENDANGERS the

 8    health of the people living in the immediate vicinity.  thereof, 

 9         (B) DETERMINE THAT THE CEMETERY IS ABANDONED AND SHOULD BE

10    ACQUIRED AND MAINTAINED BY THE VILLAGE OR CITY.

11         (2) IF THE TRUSTEES OR COMMON COUNCIL MAKES A FINDING AS

12    DESCRIBED IN SUBSECTION (1) AND BRINGS AN APPROPRIATE ACTION IN

13    the circuit court  in chancery  of the county in which  such 

14    THAT cemetery is located, THE COURT is  hereby  authorized to

15     vacate  ORDER THE VACATION OF the  same  CEMETERY, or any part

16     thereof, on petition made to such court as hereinafter provided 

17    OF THE CEMETERY, OR ORDER THE ACQUISITION AND MAINTENANCE OF THE

18    CEMETERY BY THE VILLAGE OR CITY.

19         (3) IN THE CASE OF THE ACQUISITION OF A CEMETERY, THE TOWN-

20    SHIP SHALL ARRANGE FOR THE LONG-TERM MAINTENANCE AND UPKEEP OF

21    THE CEMETERY.

22         Sec. 3.  (1)  That the  THE FOLLOWING APPLY TO A PETITION

23    FILED UNDER SECTION 1:

24         (A) THE hearing of such petition may be continued from term

25    to term in the discretion of the court, without further notice.

26     , that all 





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 1         (B) ALL testimony may be taken in open court.  or the taking

 2     of the same may be referred in the discretion of the court to a

 3     circuit court commissioner of the proper county.  That under

 4     direction of the court proper issues may be made for the determi-

 5     nation of all 

 6         (C) ALL questions of law and fact and all questions of com-

 7    pensation to any person  or persons to be  affected by such pro-

 8    ceedings  and all issues of fact  may be tried by a jury.  if the

 9     court shall so order, and any 

10         (D) ANY person adversely  interested  AFFECTED may  cause

11     himself to  be made A defendant to  such  THE petition.  In all

12     cases where reference shall be made to a jury to determine the

13     compensation to be paid to any person or persons as aforesaid,

14     the proceedings upon such reference shall so far as practicable

15     be like those had in cases where a jury is empaneled to ascertain

16     and determine the necessity of taking lands, franchises and other

17     property for the construction of railroads and to apprize the 

18         (E) THE QUESTION OF damages and compensation  to  MAY be

19     allowed therefor  DETERMINED.  If upon 

20         (2) AT the hearing,  of such petition  IF the petitioner

21     shall produce  PRODUCES satisfactory evidence to the court that

22     said  THE trustees or common council  have determined as afore-

23     said, that  HAS MADE THE DETERMINATION DESCRIBED IN SECTION 1 AND

24    HAS PROVIDED the notice required by this act  has been given, 

25    and that  such  THE cemetery should be vacated in whole or in

26    part  as a place of burial  OR ACQUIRED BY THE VILLAGE OR CITY

27    for any of the reasons given in this act for vacating OR



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 1    ACQUIRING cemeteries,  such  THE court shall  thereupon  order

 2    that such cemetery shall be vacated OR ACQUIRED in whole or in

 3    part.  as a place of burial.  That a 

 4         (3) A CERTIFIED copy of  such  THE order  certified by the

 5     register of such court under his seal  shall be recorded by the

 6    petitioner in the office of the register of deeds of the proper

 7    county.










































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