HOUSE BILL No. 5839


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


        A bill to amend 1929 PA 297, entitled

   "An act to provide for vacating private and public cemetery plats
   and cemetery grounds in the limits of incorporated cities and
   villages and to provide for the acquisition by said cities and
   villages of the cemetery grounds and plats vacated hereunder,"

   by amending sections 1, 2, and 5 (MCL 128.51, 128.52, and

   128.55).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  1.  (1)  That, whenever the  THE trustees of an incor-

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

 3    by a resolution adopted by them,  determine  MAY DO EITHER OF THE

 4    FOLLOWING:

 5         (A) DETERMINE that the dead bodies buried in any private or

 6    public cemetery located in  such  A city or village should be

 7    removed  therefrom  FROM THE CEMETERY for the reason that  such 

 8    THE cemetery  shall impede  IMPEDES the establishment,



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 1    maintenance, development, or enhancement of any public

 2    improvement by  such  THE city or village.  , the 

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

 4    VACATED OR ACQUIRED AND MAINTAINED.

 5         (2) UPON AN APPROPRIATE ACTION BROUGHT BY THE TRUSTEES OR

 6    COMMON COUNCIL IN THE circuit court  in chancery  of the county

 7    in which  such  THAT cemetery is located  ,  AND upon such find-

 8    ings  , and under the conditions hereinafter set forth,  AS

 9    DESCRIBED IN SUBSECTION (1), THE COURT is  hereby  authorized to

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

11     thereof, on petition made to such court, as hereinafter

12     provided  OF THE CEMETERY OR ORDER THE ACQUISITION AND MAINTE-

13    NANCE OF THE CEMETERY BY THE VILLAGE OR CITY.

14         Sec.  2.  That, upon  UPON the adoption of  such  a resolu-

15    tion DESCRIBED IN SECTION 1,  it shall be competent for  the

16    board of directors  ,  or  board of  trustees  ,  of  such  THE

17    cemetery association  , as is the owner of such cemetery, to  MAY

18    agree upon a contract for the sale of  such  THE cemetery to

19     such  A city or village.  :  Provided, however, That the valid-

20     ity and enforceability of such  THE contract shall be conditioned

21    upon the  aforesaid  circuit court authorizing the vacating OR

22    THE ACQUIRING AND MAINTAINING of  such  THE cemetery.  under the

23     terms hereof:  Provided further, That such contract shall be

24     approved by a 3/4 vote of the scrip holders or stockholders of

25     such cemetery association, at a special meeting called for that

26     purpose, notice of such meeting to be mailed to the last known

27     place of residence of such scrip holders or stockholders:  And



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 1    provided further, That such  THE contract shall provide that

 2     such  THE cemetery association agrees to provide, within a rea-

 3    sonable distance from  such  THE city or village, a cemetery

 4    ground suitable for the reinterment of  such  THE dead bodies and

 5    remains as are ordered to be vacated  :  And provided further,

 6     That such contract shall provide that such cemetery association

 7     agrees to  AND reinter  such  THOSE dead bodies and remains.  ,

 8     except as to such as are interred in the lots of objecting lot

 9     owners or grave owners, as hereinafter set forth.  IN THE CASE OF

10    AN ACQUISITION OF THE CEMETERY BY A VILLAGE OR CITY, THE CONTRACT

11    SHALL PROVIDE THAT THE VILLAGE OR CITY MAINTAIN THE CEMETERY.

12         Sec.  5.  (1)  That the  THE FOLLOWING APPLY TO A PETITION

13    FILED UNDER SECTION 1:

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

15    term to term, in the discretion of the court, without further

16    notice.  ; that all 

17         (B) ALL testimony may be taken in open court.  , or the

18     taking of the same may be referred, in the discretion of the

19     court, to a circuit court commissioner of the proper county;

20     that, under direction of the court, proper issues may be made for

21     the determination of all 

22         (C) ALL questions of law and fact  ,  and all questions of

23    compensation to any person  , or persons, to be  affected by such

24    proceedings  , and all issues of fact  may be tried by a jury.  ,

25     if the court shall so order, and any 

26         (D) ANY person adversely  interested  AFFECTED may  cause

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



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

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

 3     the proceedings upon such reference shall, so far as practicable,

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

 5     and determine the necessity of taking lands and other property as

 6     provided by the charter of the municipality or as provided in Act

 7     No.  149 of the Public Acts of 1911, as amended by Act No.  37 of

 8     the Public Acts of 1925, entitled "An act to provide for the con-

 9     demnation by state agencies and public corporations of private

10     property for the use or benefit of the public, and to define the

11     terms 'public corporations,' 'state agencies' and 'private

12     property' as used herein," being sections 353 to 373, inclusive,

13     of the Compiled Laws of 1915, or such other appropriate provi-

14     sions therefor as exist or shall be made by law, and to appraise

15     the 

16         (E) THE QUESTION OF damages and compensation  to be allowed

17     therefor.  If, upon  MAY BE DETERMINED.

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

19     shall produce  PRODUCES satisfactory evidence to the court  , 

20    that  said  THE trustees  ,  or common council  , have deter-

21     mined, as aforesaid, that  HAS MADE THE DETERMINATION DESCRIBED

22    IN SECTION 1 AND PROVIDED the notice required by this act,  has

23     been given;  that, IF APPLICABLE, the  aforesaid  contract

24    between  such  THE city or village and  said  THE cemetery asso-

25    ciation has been executed in accordance with the terms  hereof 

26    OF THIS ACT, and that  such  THE cemetery should EITHER be

27    vacated OR ACQUIRED AND MAINTAINED BY THE VILLAGE OR CITY, in



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 1    whole or in part,  as a place of burial, for the reasons given in

 2     this act for vacating cemeteries, such  THE court shall

 3     thereupon  order that such cemetery shall be vacated OR ACQUIRED

 4    AND MAINTAINED, in whole or in part,  as a place of burial; upon

 5     this condition, however, that said  SO LONG AS THE city or vil-

 6    lage  shall perform  PERFORMS its obligations and agreements

 7    under the terms of the  said  contract, IF APPLICABLE.  That a 

 8         (3) THE PETITIONER SHALL RECORD A CERTIFIED copy of  such 

 9    THE order  certified by the register of such court under his seal

10     shall be recorded by the petitioner  in the office of the regis-

11    ter of deeds of the proper county.  That such order, when  WHEN

12    so recorded,  shall be  THE ORDER IS a complete bar to the rights

13    of any  person or persons, as  lot owners and grave owners of

14     such  THE cemetery,  :  Provided, however, That  EXCEPT THAT the

15    rights of objecting lot owners and grave owners  shall not be 

16    ARE NOT barred until the compensation  awarded hereunder shall

17     be  IS paid by  said  THE city or village to the person  or

18     persons  SO entitled  to same  or to the clerk of the county

19    where  such  THE judgment was  rendered  ENTERED.



















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