reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 8651 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 3 - Family Interment Plots|Section 8651.

8651.  In a family plot one grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right of interment in it; and in those remaining, if any, the parents and children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8652 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 3 - Family Interment Plots|Section 8652.

8652.  If no parent or child survives, the right of interment goes in the order of death first, to the spouse of any child of the record owner and second, in the order of death to the next heirs at law of the owner or the spouse of any heir at law.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8653 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 3 - Family Interment Plots|Section 8653.

8653.  Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a relative of either the deceased owner or of his spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot.(Amended by Stats. 1945, Ch. 848.)
CA Health & Safety Code § 8675 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 4 - Vested Right of Interment|Section 8675.

8675.  A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8676 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 4 - Vested Right of Interment|Section 8676.

8676.  No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations of the cemetery in which the interment space is located.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8680 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 4 - Property Rights|ARTICLE 5 - Voluntary Establishment of Inalienability|Section 8680.

8680.  A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted to the persons designated in the conveyance or devise.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8700 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8700.

8700.  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.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8701 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8701.

8701.  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.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8702 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8702.

8702.  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 situated.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8703 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8703.

8703.  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.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8704 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8704.

8704.  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.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8705 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8705.

8705.  There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8706 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8706.

8706.  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.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8707 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8707.

8707.  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.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8708 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8708.

8708.  Copies of the notice shall be posted in three conspicuous places within the cemetery.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8709 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8709.

8709.  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 changes. (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. (Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8710 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8710.

8710.  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 court.(Amended by Stats. 1939, Ch. 339.)
CA Health & Safety Code § 8711 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8711.

8711.  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.(Amended by Stats. 1957, Ch. 79.)
CA Health & Safety Code § 8713 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8713.

8713.  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.(Amended by Stats. 1957, Ch. 79.)
CA Health & Safety Code § 8714 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8714.

8714.  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.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8715 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 1 - Care of Old Cemeteries|Section 8715.

8715.  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 generations.(Enacted by Stats. 1939, Ch. 60.)
CA Health & Safety Code § 8725 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8725.

8725.  A cemetery authority that maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Endowment care and special care funds consisting of trust funds created by irrevocable trust agreements may be commingled for investment and the net income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. Special care funds derived from trusts created by a revocable agreement shall not be commingled for investment and shall be accounted for separately from all other funds. The funds may be held in the name of the cemetery authority, its directors, or in the name of the trustees appointed by the cemetery authority.(Amended by Stats. 2017, Ch. 750, Sec. 2. (AB 926) Effective January 1, 2018.)
CA Health & Safety Code § 8726 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8726.

8726.  (a) The principal of all funds for endowment care shall be invested and the income only may be used for the care, maintenance, and embellishment of the cemetery in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations or other actions or instruments of the cemetery authority and for no other purpose. Endowment and special care funds shall be maintained separate and distinct from all other funds and the trustees shall keep separate records thereof.(b) For purposes of this article, the following definitions shall apply:(1) “Income” means distribution under either the net income distribution method or the unitrust distribution method.(2) “Unitrust distribution method” means an income distribution method where the net income amount, known as the unitrust amount, is no more than 5 percent of the fair market value of the trust assets.(Amended by Stats. 2017, Ch. 750, Sec. 3. (AB 926) Effective January 1, 2018.)
CA Health & Safety Code § 8726.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8726.1.

8726.1.  (a) If a cemetery authority establishes an endowment care fund, the fund shall be subject to a net income distribution method that requires all of the following:(1) The trustee of the endowment care fund shall create a reserve from which principal losses may be replaced by setting aside a reasonable percentage of the income from the fund.(2) The trustee may also set aside, out of income or net capital gains from investments, reserves for future maintenance, repair, replacement, or restoration of property or embellishments in the cemetery that may be necessary or desirable as a result of wear, deterioration, accident, damage, or destruction.(3) The total amount of these reserves for maintenance, repair, and restoration shall not at any time exceed 10 percent of the endowment care fund.(4) As used in this section, “net capital gains” means the amount by which cumulative realized capital gains since the establishment of the endowment care fund exceed the sum of cumulative realized capital losses since the establishment of the endowment care fund and capital gains previously set aside in reserve.(5) Additions to the reserve in any year from net capital gains shall not exceed one-half the difference between the capital gains and the capital losses during the year. (6) Net capital gains not set aside in reserve in any given year shall become a part of the principal of the endowment care fund.(b) Notwithstanding subdivision (a), a cemetery authority may convert its endowment care fund from a net income distribution method to a unitrust distribution method if it obtains prior approval from the Cemetery and Funeral Bureau pursuant to Section 8726.2.(Amended by Stats. 2017, Ch. 750, Sec. 4. (AB 926) Effective January 1, 2018.)
CA Health & Safety Code § 8726.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8726.3.

8726.3.  (a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from it shall be exempt from seizure, under any writ, mandate, or process, including bankruptcy, by any private entity, including, but not limited to, creditors of the beneficiaries, the trustee, or any person owning, operating, managing, conducting, or providing perpetual or endowed care to or for the cemetery for which the trust fund was created. In the event of seizure by any public entity, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery.(b) If ownership of a cemetery authority is transferred pursuant to Section 8585, the principal and income of the trust fund shall only be available for the care, maintenance, and embellishment of that cemetery property in accordance with the provisions of law and the resolutions, bylaws, rules, and regulations or other actions or instruments of the cemetery authority.(Added by Stats. 2019, Ch. 309, Sec. 2. (AB 795) Effective January 1, 2020.)
CA Health & Safety Code § 8728 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8728.

8728.  The cemetery authority may from time to time adopt plans for the general care, maintenance, and embellishment of its cemetery, and charge and collect from all subsequent purchasers of plots such reasonable sum as, in the judgment of the cemetery authority, will aggregate a fund, the reasonable income from which will provide care, maintenance and embellishment.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8729 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8729.

8729.  Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of conveyance or by separate instrument an agreement to use the income from such endowment care fund for the care, maintenance, and embellishment in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution will permit.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8730 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8730.

8730.  Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a reasonable and proportionate contribution for endowment care a cemetery authority may enter into an agreement with him to use the income from such fund for the care of his plot and its appurtenances.(Amended by Stats. 1951, Ch. 176.)
CA Health & Safety Code § 8731 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8731.

8731.  (a) The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its endowment care fund. The members of the board of trustees shall hold office subject to the direction of the cemetery authority.(b) If within 30 days after notice of nonreceipt by the Cemetery and Funeral Bureau or other agency with regulatory authority over cemetery authorities, the cemetery authority fails to file the report required by Section 7612.6 of the Business and Professions Code, or if the report is materially not in compliance with law or the endowment care fund is materially not in compliance with law, the cemetery authority may be required to appoint as sole trustee of its endowment care fund under Section 8733.5, any bank or trust company qualified under the provisions of the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) to engage in the trust business. That requirement may be imposed by the Cemetery and Funeral Bureau or other agency with regulatory authority over cemetery authorities, provided that the cemetery authority has received written notice of the alleged violation and has been given the opportunity to correct the alleged violation, and there has been a finding of a material violation in an administrative hearing.(c) (1) Each member of the board of trustees shall provide signatory acknowledgment of understanding of the role of a trustee in managing trust funds in the following areas:(A) Trustee duties, powers, and liabilities as contained in Part 4 (commencing with Section 16000) of Division 9 of the Probate Code.(B) Reporting and regulatory requirements contained in Article 1.5 (commencing with Section 7611) of Chapter 12 of Division 3 of the Business and Professions Code.(C) Provisions related to the care of active cemeteries contained in Chapter 5 (commencing with Section 8700) of Part 3 of Division 8.(2) The signatory acknowledgment shall be retained by the cemetery authority during the duration of the trustee’s term of office.(Amended by Stats. 2018, Ch. 571, Sec. 33. (SB 1480) Effective January 1, 2019.)
CA Health & Safety Code § 8732 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8732.

8732.  Not more than one member of the board of trustees of an endowment care fund may have a proprietary interest in the cemetery authority.(Repealed and added by Stats. 1976, Ch. 729.)
CA Health & Safety Code § 8732.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8732.1.

8732.1.  Each individual trustee of an endowment care fund shall be a resident of this State, and a corporate trustee shall be qualified to do business in this State.(Added by Stats. 1955, Ch. 595.)
CA Health & Safety Code § 8733 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8733.

8733.  No sum in excess of 5 percent of the net income derived from an endowment care fund, or special care fund, or both, in any year shall be paid as compensation to the board of trustees for its services as trustee. This amount shall be the total compensation from the fund to be paid to a trustee for services. For purposes of this section, “net income” means the amount of income remaining after reasonable administrative expenses, including bookkeeping, postage, taxes, and other costs directly related to generating income to the trust fund, have been deducted from the gross income derived from the fund.(Amended by Stats. 1997, Ch. 142, Sec. 10. Effective January 1, 1998.)
CA Health & Safety Code § 8733.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8733.5.

8733.5.  In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority may appoint as sole trustee of its endowment care fund any bank or trust company qualified under the provisions of the Banking Law (Division 1 (commencing with Section 99) of the Financial Code) to engage in the trust business. If a cemetery authority appoints a bank or trust company, the sum paid to the bank or trust company may exceed 5 percent of the net income derived from the endowment care fund, or special care fund, or both, notwithstanding Section 8733.(Amended by Stats. 1997, Ch. 142, Sec. 11. Effective January 1, 1998.)
CA Health & Safety Code § 8735 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 8 - CEMETERIES|PART 3 - PRIVATE CEMETERIES|CHAPTER 5 - Endowment and Special Care|ARTICLE 2 - Care of Active Cemeteries|Section 8735.

8735.  A cemetery authority which has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund.(Amended by Stats. 1951, Ch. 176.)