Kansas Statutes Annotated

K.S.A. § 12-1401 (2026)

Establishment or acquisition in cities or townships; condemnation of land

✓ current as of May 2026

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12-1401. Establishment or acquisition in cities or townships; condemnation of land. Any city or any township or city and township or two or more townships desiring to join may establish or acquire a cemetery for public use and may acquire land necessary for such purpose by condemnation, as provided by law. Nothing herein contained shall be construed to authorize the taking or appropriating of cemetery grounds owned or used by any religious body or denomination for burial purposes.

History: R.S. 1923, § 12-1401; L. 1995, ch. 109, § 1; July 1.

Notes of Decisions

Cited in 2 cases, 1986–2002 · leading case: Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002).

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Lower v. Bd. of Dir. of Haskell Cnty. Cemetery Dist., 56 P.3d 235 (Kan. 2002). ““It has been universally recognized that a state may, in the exercise of its police power, regulate the location and operation of cemeteries within its borders. [Citation omitted.”

Johnson Cnty. Mem'l Gardens, Inc. v. City of Overland Park, 718 P.2d 1302 (Kan. 1986). “It has been universally recognized that a state may, in the exercise of its police power, regulate the location and operation of cemeteries within its borders. 14 Am. Jur. 2d, Cemeteries § 9. In Kansas, the construction and maintenance of cemeteries, and the organization of…”

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