Trustees of New Pulaski Cemetery v. Ballentine

This appeal involves the validity of chapter 244, Private Acts of 1923, which provides:

“That in counties having a population of not more than thirty-one thousand nor less than thirty thousand nine hundred, according to the federal census of 1920, or any subsequent federal census, cemeteries incorporated under the laws of this State for the public good, and not for private gain, shall have the right of eminent domain for the purpose of making needed extensions or additions, said right to he exercised under provisions of general law.”

The act is limited in its scope, under the population…