§ 22-61. Preservation of abandoned, improperly maintained cemetery or burial ground.

If the board of commissioners determines that a cemetery or burial ground is abandoned or not being maintained by those legally responsible for its upkeep, the county is authorized at its discretion:

(1)

To preserve and protect such cemetery or burial ground, regardless of the financial ability of those legally responsible. The board of commissioners may then seek reimbursement from the person legally responsible for the upkeep of such cemetery or burial ground. If the responsible party fails to reimburse the county, the board of commissioners may collect the amount owed by levying upon any property of the responsible person.

(2)

To expend public money to preserve and protect such cemetery or burial ground, regardless of the financial ability of those legally responsible. The board of commissioners may then seek reimbursement from the person legally responsible for the upkeep of such cemetery or burial ground. If the responsible party fails to reimburse the county, the board of commissioners may collect the amount owed by levying upon any property of the responsible person.

(3)

To exercise the power of eminent domain to acquire any interest in land necessary to preserve and protect such cemetery or burial ground.

(Res. No. 98-019, § 4.1)