*430.* _Dwelling, Limits._—Most of the States provide that no cemetery shall be laid out within a certain limit of a dwelling. But after the cemetery is established a man can not have it moved when he puts up a dwelling within the limits or where he consented to the cemetery at the time it was established.(766)
*431.* _Well, Pollution._—And where a man had built a dwelling near a cemetery, it was not good ground for him to prevent the enlargement of the cemetery by showing that it might destroy his well. The court questions whether there is any legal ground for complaint for the pollution of subterranean waters when caused by the proper use without negligence of the adjacent premises.(767) Additional lands may be obtained under the law of eminent domain by condemnation.(768)
*432.* _Exempt, Execution, Mortgage._—The statutes in most of the States exempt the tombstones and lots in a cemetery from sale on execution.(769) Also, a cemetery lot can not be sold under mortgage after bodies have been buried therein, as any one may be arrested for desecration of graves.(770)
*433.* _Public, Regulation._—The right to bury in a public cemetery is a privilege or license that is subject to municipal regulation, and revocable whenever the public necessity requires it.(771)
*434.* _Nuisance, Public Health, Disease._—A cemetery is not a nuisance _per se_, but if it is proved that the burial of dead bodies in a certain cemetery does injure the public health and is a fruitful source of transmission of disease, the State may prohibit such burial at certain places within cities or adjacent to dwellings. But unless authorized by the Legislature a council has no right by ordinance to provide that no one shall be buried within half a mile of any habitation or public thoroughfare.(772) And where the Legislature authorized a city to remove the bodies interred and allow streets through the land, it had authority to do so.(773)
*435.* _Devise, Easement, Rules._—The general rule of law is that a man can not devise away a cemetery lot in which members of his family are buried. He owns only a license or at the most an easement which is subject to the rules of the cemetery association and the police power of the State. However, there are some exceptions.(774)