HOUSE BILL No. 5905


     June 3, 1998, Introduced by Rep. Richner and referred to the Committee on Regulatory Affairs.


        A bill to amend 1895 PA 49, entitled

   "An act to provide for vacating cemeteries in townships,"

   by amending the title and sections 1, 3, and 4 (MCL 128.31,

   128.33, and 128.34), sections 1 and 4 as amended by 1980 PA 367.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for THE ACQUISITION OR vacating OF PRIVATE

 3    cemeteries  in  BY townships.

 4         Sec. 1.  (1)  When a complaint is made in writing to the 

 5    THE board of trustees of a township  in this state  MAY, BY PETI-

 6    TION MADE by 10 or more residents of the township  ,  OR BY RESO-

 7    LUTION ADOPTED BY THAT BOARD setting forth  the fact  FACTS SUP-

 8    PORTING THE ALLEGATION, DETERMINE that a private cemetery IS

 9    ABANDONED within the bounds of the township AND should be

10     removed for the reason that the  VACATED OR ACQUIRED AND


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 1    MAINTAINED BY THE TOWNSHIP.  THE TOWNSHIP MAY INSTITUTE

 2    PROCEEDINGS TO VACATE OR ACQUIRE AND MAINTAIN A CEMETERY FOR ANY

 3    OR ALL OF THE FOLLOWING REASONS:

 4         (A) THE cemetery has become commons.  , 

 5         (B) THE CEMETERY has become neglected or abandoned by its

 6    owner or owners.  , 

 7         (C) THE CEMETERY has become a public nuisance.  , or shall

 8     impede 

 9         (D) THE CEMETERY IS IMPEDING the growth of a city or village

10    in the township.  , or when a private cemetery endangers 

11         (E) THE CEMETERY MAY ENDANGER the health of the people

12    living in the immediate vicinity of the private cemetery.  , the

13     township board of trustees immediately shall institute proceed-

14     ings to vacate the cemetery in the manner provided in this act. 

15         (2) The circuit court for the county in which the cemetery

16    is located may  vacate  ORDER THE VACATION OR ACQUISITION AND

17    MAINTENANCE BY THE TOWNSHIP OF the private cemetery, or a part of

18    the private cemetery, on petition made to the court as provided

19    in this act.

20         Sec. 3.  (1)  That the  THE FOLLOWING APPLY TO A hearing on

21     such  A petition FILED UNDER SECTION 1:

22         (A) IT may be continued from term to term, in the discretion

23    of the court, without further notice.  ; that all 

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

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

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

27     that, under 



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 1         (C) IN the discretion of the court, proper issues may be

 2    made for the determination of all questions of law and fact, and

 3    all questions of compensation to any person  or persons to be 

 4    affected by  such  THE proceedings  ,  and all questions

 5     touching  CONCERNING the compensation to be paid by the person

 6     or persons  to whom  said  THE premises or any part  thereof

 7     shall be  OF THE PREMISES ARE sold after  the same shall have

 8     been vacated as such cemetery, and all  VACATION.

 9         (D) ALL issues of fact may be tried by a jury.  , or 3 com-

10     missioners, if the court shall so order, and any 

11         (E) ANY person adversely  interested  AFFECTED may  cause

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

13     cases where reference shall be made to a jury or commissioners to

14     determine the compensation to be paid to or by any persons as

15     aforesaid, the proceedings upon such reference, shall, so far as

16     practicable, be like those had in cases where a jury is impaneled

17     or commissioners are selected, to ascertain and determine the

18     necessity of taking lands, franchises, and other property for the

19     construction of railroads, and to appraise the damages and com-

20     pensation to be allowed therefor.  If upon 

21         (2) AT THE hearing,  such  THE petitioner shall produce sat-

22    isfactory evidence to the court that the notice required by this

23    act has been given  ,  and  that such  IF THE COURT DETERMINES

24    THAT THE cemetery should be vacated in whole or in part  ,  as a

25    place of burial  ,  OR IF THE COURT DETERMINES THAT THE TOWNSHIP

26    SHOULD ACQUIRE AND MAINTAIN THE CEMETERY for any of the reasons

27    given in  this act  SECTION 1 for vacating OR ACQUIRING



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 1    cemeteries,  such  THE court shall  thereupon  order that such

 2    cemetery  shall  be vacated OR ACQUIRED AND MAINTAINED, in whole

 3    or in part.  , as a place of burial.  That 

 4         (3) THE PETITIONER SHALL RECORD a copy of such order  , cer-

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

 6     recorded by the petitioners  ISSUED UNDER SUBSECTION (2) in the

 7    office of the register of deeds of the  proper  county IN WHICH

 8    THE CEMETERY IS LOCATED.

 9         Sec. 4.  (1) When a cemetery is vacated as provided in this

10    act, the township board of trustees shall cause all the dead

11    bodies and remains buried in the cemetery to be reinterred in the

12    cemetery of the township, if it has a cemetery, and if not, then

13    in some suitable cemetery in an adjoining township, in a prudent,

14    careful, and respectful manner  ,  and shall cause to be removed

15    and again erected over the proper remains, permanent fences

16    around graves and lots, tombstones, and monuments, with as little

17    injury AS possible.  If the cemetery vacated belongs to a reli-

18    gious society or church  ,  and another suitable cemetery belong-

19    ing to the same church or denominational society exists within

20    the township or an adjoining township, then the removal may be

21    made to that cemetery instead of to the township cemetery.  A

22    removal of bodies and remains shall not be made during June,

23    July, August, or September, except in the Upper Peninsula.

24         (2) IN THE CASE OF THE ACQUISITION OF A CEMETERY, THE TOWN-

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

26    THE CEMETERY.





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 1         (3)  (2)  The removal and the cost of the proceedings under

 2    this act shall be at the expense of, and paid by, the township in

 3    which the cemetery is situated.  If the proceeding is instituted

 4    by an individual  ,  without the consent of the township board of

 5    trustees  ,  and the petition is denied by the court, the person

 6    instituting the proceeding shall  be required to  pay the costs

 7    allowed by order of the circuit court.










































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