If land has not been appropriated or set apart by the owners by platting for a public cemetery and it is necessary to purchase real estate for the cemetery:(1) the legislative body of the city or town; or(2) the executive of the township;has the power of eminent domain to condemn and appropriate the land for cemetery purposes under proceedings provided by statute.As added by P.L.52-1997, SEC.49. Amended by P.L.163-2006, SEC.4.
Indiana Legal Code