Chapter 7. Abandonment of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 7.
A city or county having a nonendowment care cemetery within
its boundaries which threatens or endangers the health, safety,
comfort or welfare of the public may, by resolution of its governing
board, if not more than 10 human dead bodies have been interred
therein for a period of five years immediately preceding the date of
the resolution, declare the abandonment of the cemetery as a place of
future interment, but shall permit interment therein of any person
who is an owner of a plot in the cemetery on the date of adoption of
the resolution or who otherwise has a right of interment in the
cemetery which is vested on such date. The resolution may provide for
the removal of such copings, improvements, and embellishments which
the governing board finds to be a threat or danger to the health,
safety, comfort, or welfare of the public.
The resolution for abandonment adopted under the provisions
of this chapter shall specify and declare that at any time after the
expiration of 60 days after the first publication of notice of
declaration of intended abandonment, the city or county in which the
cemetery is located will remove such copings, improvements, and
embellishments which are found to be a threat or danger to the
health, safety, comfort, or welfare of the public. Notice shall be
given to all persons interested therein by publication in a newspaper
of general circulation published in the county or city. Publication
shall be pursuant to Section 6064 of the Government Code.
After the publication mentioned in Section 8826 of this code
and after the expiration of the 60 days specified in the notice, the
city or county shall remove such copings, improvements, and
embellishments which have been found to be a threat or danger to the
health, safety, comfort, or welfare of the public.
After the work which the governing body, in its discretion,
finds necessary and practicable has been completed, the governing
body shall immediately thereafter, by resolution, which shall contain
a legal description of the cemetery, dedicate such abandoned
cemetery as a pioneer memorial park and may cause to be erected a
suitable central memorial honoring those who have been interred in
Upon recordation of the resolution with the county recorder of the
county in which the cemetery is located, fee title to the cemetery
shall vest in the city or county as the case may be. The governing
body may bring an action to quiet title to the cemetery, and in the
absence of fraud the resolution and the fact of recordation shall be
conclusive evidence of fee title to the cemetery.
Any county or city acquiring fee title to a cemetery under this
section shall only use the property for the purpose of establishing
and maintaining a pioneer memorial park.
Thereafter the city or county shall maintain said pioneer
memorial park so that it will not endanger the health, safety,
comfort, or welfare of the public.