Article 12. Removal By Counties of California Health And Safety Code >> Division 7. >> Part 2. >> Chapter 4. >> Article 12.
If it appears to the board of supervisors of any county
owning a county cemetery that:
(a) It is necessary that the property be used for other purposes,
(b) The cemetery is located on a portion of the site of an
existing county institution maintained for the relief of the
indigent, sick and afflicted, and
(c) Adequate facilities are otherwise provided for by the county
for the burial of the indigent dead;
the board may, by following the procedure contained in this
article, order the disinterment and removal of all humam remains
interred in such cemetery.
Any resolution or declaration for abandonment adopted and
made under the provisions of this article shall specify and declare
that at any time after the expiration of 60 days after the first
publication of the notice of declaration of intended abandonment and
removal, the human remains then remaining in the cemetery will be
removed by the county owning the cemetery. Notice of the declaration
of intended abandonment of the cemetery and proposed removal of the
human remains interred therein shall be given to all persons
interested therein by publication in the newspaper of general
circulation published in the county determined by the board of
supervisors most likely to give notice to the parties concerned.
Publication shall be made once a week for four consecutive times. The
notice shall be entitled "Notice of Declaration of Abandonment of
Lands for Cemetery Purposes and of Intention to Remove Human Bodies
Interred Therein," and shall specify a date not less than 60 days
after the first publication of the notice when the county controlling
the cemetery lands and causing the notice to be published will
proceed to remove the human remains then remaining in such cemetery.
Notice shall also be mailed to any known living heir-at-law of any
person whose remains are interred in the cemetery when the address of
the heir is known.
At any time before the date fixed for the removal of the
remains by the county owning or controlling such cemetery land, any
relative or friend of any person whose remains are interred in the
cemetery may voluntarily remove the remains and reinter the same as
he may desire.
After the publication and mailing of the notice mentioned in
Section 8001 of this code and after the expiration of the 60 days
specified in the notice, the county shall have the power to cause the
removal of all human remains interred in the cemetery about to be
abandoned and to cause the reinterment in other cemeteries of the
county in which burials are permitted, without further notice to any
persons claiming an interest in the remains therein interred.
Whenever the remains of any person shall be removed from any
abandoned cemetery by the county owning such abandoned cemetery, such
remains shall be transported and reinterred in a separate and
suitable receptacle. After the removal and reinterment of human
bodies disinterred from an abandoned cemetery, the county owning or
controlling the abandoned cemetery lands shall cause to be erected
upon or imbedded in any lot or plot wherein such body is reinterred a
suitable permanent marker identifying the remains with as much
particularity as is available to such county and shall prepare a
complete record of the name of each person, where known, and the lot
or plot where the body is reinterred and such record shall be kept in
the office of the board of supervisors of the county making such
removals and reinterments and shall at all times be open to the
relatives and friends of those so reinterred.
After the removal of all human remains the property may be
used, managed and controlled by the board of supervisors as other