Ohio § 719.031

§ 719.031.

Whenever it is necessary in the construction and in the protection by any municipal

corporation, of dams, reservoirs, and reservoir sites, for supplying water to itself

and its inhabitants, to take or damage any cemetery, such municipal corporation, after

such taking, shall have the same powers regarding the removal of a cemetery as are

given to township trustees by section 517.21 of the Revised Code , and the cost of removal shall be paid by the municipal corporation.  Such municipal corporation may purchase the necessary land and remove or contract

for the removal of those buried, together with all monuments, or it may agree with

the persons or authorities owning or controlling the said cemetery for such removal,

or it may contract for an easement if removal is not desired nor necessary. If condemnation proceedings are necessary they shall be instituted and conducted according

to sections 163.01 to 163.22, inclusive, of the Revised Code , in the county where such cemeteries are located, and it shall be sufficient to make

the persons or authorities owning or controlling the cemetery parties defendant, but

the court may, upon proper showing of interest admit other parties defendant.  The jury, in such case, shall make a separate finding and include in its verdict

the cost of the removal of bodies and monuments as provided in section 517.21 of the Revised Code .  If a new trial is not granted, such municipal corporation may pay into court the

total amount of the compensation assessed, or secure its payment by a deposit of money

under the order of the court, and thereupon the persons or authorities owning or controlling

the cemetery shall remove the bodies and monuments from the cemetery appropriated.  If the cemetery owners or authorities or the municipal corporation prosecute an

appeal, as provided by law, then such municipal corporation may pay into court the

amount of such assessments, less the amount of the special finding of the jury as

to the cost of removal, and proceed to enter upon the property appropriated and make

the removal at its own expense, as provided in this section.