Colorado § 31-25-702 - Power to establish cemeteries.

§ 31-25-702. Power to establish cemeteries.

The governing body of any municipality has power to establish and regulate cemeteries within or without the municipality, to acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed and prohibit their establishment within one mile of the municipality.

Source: L. 75: Entire title R&RE, p. 1211, § 1, effective July 1.

Editor's note: This section is similar to former § 31-12-101 (32) as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-25-702 is similar to former § 31-12-101 (32) prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section.

The statutory right to establish cemeteries is to be found in this section. Town of Eaton v. Bouslog, 133 Colo. 130, 292 P.2d 343 (1956).

But not required. The power to establish and regulate cemeteries by incorporated towns does not impose a duty to establish or maintain a cemetery, and a finding of board of trustees that enlargement of cemetery was necessary does not place it in the category of matters required for the public health and safety or the exercise of a governmental function, and the constitutional right of eminent domain for the taking of private property has not been extended to the taking thereof for cemetery purposes. Town of Eaton v. Bouslog, 133 Colo. 130, 292 P.2d 343 (1956).

No implied authority. Authority of an incorporated town to condemn land for use as a cemetery, being against the common law right to own and keep property, must be given expressly or by clear implication and is never implied from doubtful language. Town of Eaton v. Bouslog, 133 Colo. 130, 292 P.2d 343 (1956).

The general assembly has given incorporated towns express power to condemn private lands for public uses, and such uses are designated in this section, and are such as are necessary to the governmental functions of the city; however, in granting this special power and authority the general assembly carefully protected the rights of the individual property owner. Town of Eaton v. Bouslog, 133 Colo. 292 P.2d 343 (1956).