Section 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.