35-21-410. Removal of dedication by order of court. Property dedicated to interment purposes shall be held and used exclusively for interment purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the district court in the county in which the property is situated in a proceeding brought by the mausoleum-columbarium authority for that purpose and upon notice of hearing and proof satisfactory to the court:
     (1) that no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed;
     (2) that the portion of the property from which dedication is sought to be removed is not being used for interment of human remains.

     History: En. Sec. 70, Ch. 35, L. 1949; R.C.M. 1947, 9-816.