§ 41. Acquisition of cemeteries. Whenever in the judgment of the
corporation, it is necessary for the purposes of improving, maintaining
or repairing the canal system, to appropriate any property occupied by
graves, burial places, cemeteries or other places of interment of human
remains, the corporation may acquire such property in the manner and by
the method prescribed by this article. It shall cause the removal of all
such remains to any other cemetery or burial place, whether private or
public, as the board of trustees or governing body of such burial place
or burial ground shall designate. All removals and transportation of
such human remains shall be done in accordance with the provisions of
the public health law. Whenever any person or persons legally entitled
to direct as to the disposition of any human remains exhumed or to be
exhumed from any cemetery, burial place or graves as herein provided,
desires to remove the same for reinterment to any burial plot or
cemetery not within the same county from which such remains were
exhumed, such person or persons so entitled to designate such other
burial place or plot shall be permitted to remove such exhumed remains
from such county subject to the written consent of the corporation and
provisions of the public health law, but no portion of the expense of
such transportation or burial in another county shall be borne by the
state or the corporation.