Article 1. Care Of Old Cemeteries of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 5. >> Article 1.
In addition to those cemeteries to which this part does not
apply, this article does not apply to abandoned cemeteries nor to
cemeteries in which interments are prohibited.
Whenever a majority of the plots in all or any part of a
cemetery established prior to August 14, 1931, has been sold without
the owner having made provision for the establishment of an adequate
endowment care fund for its care, maintenance, and embellishment, the
avenues, roadways, walks, driveways, alleys, streets and parks in it
may be vacated or altered and replatted into plots which may be sold
for interment purposes pursuant to this article.
Application for the alteration or vacation or replatting of
all or any portion of an alley, street, avenue, walk, driveway, or
park, for plots in the cemetery shall be made to the superior court
in the county in which all or any portion of the property is
The application may be by the cemetery authority owning or
operating the cemetery or if there is no cemetery authority operating
the cemetery, by twenty or more plot owners.
The petition shall be verified and shall specify the facts of
such ownership and shall state the reasons for the proposed change
and what provisions have theretofore been made for the endowment care
of the cemetery.
There shall be presented with the petition a plat of the
cemetery and the proposed replat which shall clearly indicate the
The petition shall be filed with the clerk of the superior
court, and the clerk shall fix the time for hearing not less then
thirty nor more than sixty days from the date of filing.
Notice of the hearing shall be given by publishing a copy of
the notice in a newspaper of general circulation near the cemetery in
the county in which the property is situated, once a week for three
consecutive weeks prior to the date of hearing.
Copies of the notice shall be posted in three conspicuous
places within the cemetery.
The notice shall:
(a) Be addressed to all persons owning or interested in plots in
the cemetery but need not name them.
(b) Set forth in a general way the proposed changes.
(c) Set forth the reasons stated in the petition for making the
(d) State the time when the hearing of the petition will be had.
(e) State that a plat showing the proposed changes is on file with
the clerk of the court.
At the time fixed for the hearing, the court shall hear and
consider any evidence introduced in favor of and all objections to
the changes and may allow the proposed changes and replat in whole or
in part, or may order and allow modifications of the proposed
changes. The hearing may be continued from time to time by order of
The cemetery authority or other person directed by the court
shall accept the newly created plots and shall sell and convey them
only for interment purposes.
The vacation of an alley, avenue, roadway, walk, driveway,
street, or park adjacent to a privately owned plot does not vest any
interest in the owner of the plot to the vacated portion; but the
adjacent owner shall, for 10 days after the date of the order of
vacation, have the right to purchase the new plots.
In allowing any damages to any plot owner for such vacation,
the court shall take into consideration the benefit to be received
from endowment care.
The provisions of this article are hereby declared to be a
necessary exercise of the police power of the State in order to
preserve and keep existing cemeteries as resting places for the dead
and to preserve cemeteries from becoming unkept and places of
reproach and desolation in the communities in which they are located.
The taking of roadways, alleys, walks, avenues, driveways, streets
and parks for the purposes and by the method in this section
specified, regardless of the private character of the association or
person applying therefor, is hereby declared an exercise of the right
of eminent domain in behalf of the public health, safety, comfort,
pleasure, protection, and historic instruction to present and future