Stannards Corners Rural Cemetery Ass'n v. Brandes

The Stannards Corners Rural Cemetery Association was incorporated under chapter 133 of the Laws of 1847, and the acts amendatory of the same, providing for the incorporation of rural cemetery associations.

That act was amended in 1873 so as to permit such associations to acquire title to 'lands by condemnation proceedings. This provision was held to be unconstitutional by the Court •of Appeals in The Matter of Deansville Cemetery Association, 66 N. Y. 569, for the reason that under the statute •cited the lands to be taken were not for public use. The ■court says at page.573: “It is difficult…