N.Y. Canal Law § 41: Acquisition of cemeteries

§ 41. Acquisition of cemeteries. Whenever in the judgment of the

corporation, it is necessary for the purposes of improving, maintaining

or repairing the canal system, to appropriate any property occupied by

graves, burial places, cemeteries or other places of interment of human

remains, the corporation may acquire such property in the manner and by

the method prescribed by this article. It shall cause the removal of all

such remains to any other cemetery or burial place, whether private or

public, as the board of trustees or governing body of such burial place

or burial ground shall designate. All removals and transportation of

such human remains shall be done in accordance with the provisions of

the public health law. Whenever any person or persons legally entitled

to direct as to the disposition of any human remains exhumed or to be

exhumed from any cemetery, burial place or graves as herein provided,

desires to remove the same for reinterment to any burial plot or

cemetery not within the same county from which such remains were

exhumed, such person or persons so entitled to designate such other

burial place or plot shall be permitted to remove such exhumed remains

from such county subject to the written consent of the corporation and

provisions of the public health law, but no portion of the expense of

such transportation or burial in another county shall be borne by the

state or the corporation.