J. MILLARD TAWES, Governor                        81

SIONS HAS THE RIGHT TO ACQUIRE BY CONDEMNATION
ANY PROPERTY USED AS A CEMETERY, EITHER PUBLIC
OR PRIVATE, THEN BEFORE FILING A PETITION FOR THE
CONDEMNATION OF SUCH PROPERTY, the condemnor shall give
notice by publication in a newspaper published in each county where
any part of the property sought to be condemned is situated, or, if no
newspaper is published in such county, in a newspaper having gen-
eral circulation therein.

(b)   The notice shall contain the following information:

1.  The name of the condemnor.

2.  An identification of the cemetery and a description of the part
thereof which is sought to be condemned.

3.  The purpose for which the property is sought to be condemned.
4. The court in which the petition is to be filed.

(c)   The notice shall be published at least once a week in each of
three successive weeks, the last such publication to be made at least
seven days before the filing of a petition.

(d)  If it appears to the court at any stage of a proceeding for
condemnation before final judgment that there has been a failure to
comply with the provisions of this section, the court may suspend
such proceeding until due publication is made or may make such
order with respect to giving notice as shall be just. No objection
based on a failure to comply with the provisions of this section shall
be made after final judgment.

Section 4.

The value of the property sought to be condemned and of any
adjacent property of the defendant claimed to be affected by the
taking shall be determined as of the date of the taking, if taking has
occurred, or as of the date of trial, if taking has not occurred, unless
an applicable statute specifies a different time as of which the value
is to be determined.

Section 5.

(a)   The damages to be awarded for the taking of an entire tract
shall be its fair market value (as defined in Section 6).

(b)   The damages to be awarded where part of a tract of land is
taken shall be the fair market value (as defined in Section 6) of such
part taken, but not less than the actual value of the part taken plus
the severance or resulting damages, if any, to the remainder of the
tract by reason of the taking and of the future use by the plaintiff
of the part taken. Such severance or resulting damages are to be
diminished to the extent of the value of the special (particular) bene-
fits to the remainder arising from the plaintiff's future use of the
part taken.

(c)  For the purpose of determining the extent of the taking and
the valuation of the tenant's interest in a proceeding for condemna-
tion, no improvement or installation which would otherwise be
deemed part of the realty shall be deemed personal property so as
to be excluded from the taking solely because of the private right of