reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8378.

8378. Within two hours after a licensed hydrolysis facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit, unless the hydrolysis process will begin within 24 hours of the time that the hydrolysis facility took custody.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8380.

8380. (a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction to all hydrolysis facility personnel involved in the hydrolysis process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during hydrolysis, operation of the hydrolysis chamber and processing equipment, safe work practices and procedures for the handling of corrosive materials, and all laws relevant to the handling of a body and hydrolyzed human remains. This instruction shall be outlined in a written plan maintained by the hydrolysis facility licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau.
(b) No employee shall be allowed to operate any hydrolysis equipment until the employee has demonstrated to the certified manager of a licensed hydrolysis facility or authorized representative of the licensee that the employee understands the procedures required to ensure that health and safety conditions are maintained at the hydrolysis facility and that hydrolyzed human remains are not commingled other than for acceptable residue, as defined. The hydrolysis facility licensee shall maintain a record to document that an employee has received the training specified in this section.
(c) A hydrolysis facility that fails, when requested by an official of the bureau, to produce a written employee instruction plan or record of employee training for inspection shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the Cemetery and Funeral Bureau. The license of a hydrolysis facility shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8382.

8382. This article shall become operative on July 1, 2020.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382. Note: Operative date affects Article 8, commencing with Section 8370.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8390.

8390. All reduced human remains not disposed of in accordance with this chapter shall be disposed of pursuant to Section 7714.4 of the Business and Professions Code.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8391.

8391. A reduction facility shall not make or enforce rules requiring that human remains be placed in a casket before reduction, nor shall a reduction facility refuse to accept human remains for reduction for the reason that they are not in a casket. A director, officer, agent, or representative of a reduction facility who violates this section is guilty of a misdemeanor. This section does not prohibit a facility from requiring some type of container or disposal unit.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8392.

8392. (a) A reduction facility shall maintain on its premises, or other business location within the state, an accurate record of all reductions performed, including all of the following information:
(1) Name of the referring funeral director, if any.
(2) Name of the deceased.
(3) Date of the reduction.
(4) Disposition of the reduced human remains, including split disposition where a portion of the remains are returned to the person entitled to control the disposition of the remains and a portion integrated into the soil in a conservation area pursuant to Section 7054.5.
(5) Time and date that the body was inserted into the reduction chamber.
(6) Time and date that the body was removed from the reduction chamber.
(7) Time and date that final processing of the reduced human remains was complete.
(8) Name and address of the authorizing agent.
(9) Identification number assigned to the deceased, pursuant to Section 8393.
(10) A photocopy of the disposition permit filed in connection with the disposition.
(11) Any documentation of compliance with appropriate environmental and safety laws.
(b) A reduction facility shall maintain on its premises, or other business location within the state, records of the maintenance performed on the reduction chamber or chambers.
(c) Information described in this section shall be maintained for at least 10 years after the reduction is performed and shall be subject to inspection by the Cemetery and Funeral Bureau.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8393.

8393. (a) A reduction facility shall maintain an identification system allowing identification of each decedent beginning from the time the reduction facility accepts delivery of human remains until the point at which it releases the reduced human remains to a third party. After reduction, an identifying disk, tab, or other permanent label shall be placed with the reduced human remains container or containers before the reduced human remains are released from the licensed reduction facility. Each identification disk, tab, or label shall contain the license number of the reduction facility and shall have a unique number that shall be recorded on all documents regarding the decedent and in the reduction log. Each reduction facility shall maintain a written procedure for identification of remains.
(b) A reduction facility that fails, when requested by an official of the Cemetery and Funeral Bureau, to produce a written procedure for identification of remains shall have 15 working days from the time of the request to produce an identification procedure for review by the chief of the Cemetery and Funeral Bureau. The license of the reduction facility shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8394.

8394. Within two hours after a reduction facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit, unless the reduction process will begin within 24 hours of the time that the facility took custody.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8395.

8395. (a) The reduction facility licensee, or its authorized representatives, shall provide instruction to all facility personnel involved in the reduction process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during reduction, operation of the reduction chamber and related equipment, and all laws relevant to the handling of a body and reduced human remains. This instruction shall be outlined in a written plan maintained by the reduction facility licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau.
(b) An employee shall not be allowed to operate a reduction chamber or related equipment until the employee has demonstrated to the certified manager of the reduction facility or authorized representative of the licensee that the employee understands the procedures required to ensure that health and safety conditions are maintained at the reduction facility and that reduced human remains are not commingled other than as authorized by law. The reduction facility licensee shall maintain a record to document that an employee has received the training specified in this section.
(c) A reduction facility that fails, when requested by an official of the bureau, to produce a written employee instruction plan or record of employee training for inspection shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the bureau. The license of a reduction facility shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023. Operative January 1, 2027, pursuant to Sec. 8396.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 9 - Reduction Facilities › Section 8396.

8396. This article shall become operative on January 1, 2027.
(Added by Stats. 2022, Ch. 399, Sec. 45. (AB 351) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 1 - Acquisition of Property › Section 8500.

8500. Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories, and columbariums, or other property within which the interment of the dead may be authorized by law.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 1 - Acquisition of Property › Section 8501.

8501. Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a corporation sole may acquire by eminent domain any property necessary to enlarge and add to an existing cemetery for the burial of the dead and the grounds thereof.
(Added by Stats. 1975, Ch. 1240.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 2 - Declaration of Intention › Section 8525.

8525. A cemetery authority may execute a declaration acknowledged so as to entitle it to be recorded, describing the property and declaring its intention to use all or part of the property for cemetery purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 2 - Declaration of Intention › Section 8526.

8526. The declaration may be filed for record in the office of the recorder of the county in which the property is situated, and from the date of filing the declaration is constructive notice of the use for which the property is intended.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8550.

8550. Every cemetery authority, from time to time as its property may be required for interment purposes, shall:
(a)  In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.
(b)  In case of a mausoleum, or crematory and columbarium it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations, and other divisions, with descriptive names or numbers.
(c)  The maps or plats shall be clearly and legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. If ink is used on a polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility. The size of each sheet shall be 18 by 26 inches or as otherwise prescribed by the county recorder or local agency. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheets and the total number of sheets comprising the map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown.
(d)  Upon modification of an existing section after January 1, 1990, or development of a new section after January 1, 1990, the cemetery authority shall amend and file with the county recorder or local agency the maps or plats as described in subdivisions (a), (b), and (c). Within 12 months of the initial sale, the cemetery authority shall file with the county recorder or local agency the map or plat. For purposes of this subdivision, “section” means a burial space, mausoleum, or columbarium.
(Amended by Stats. 1997, Ch. 142, Sec. 7. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8551.

8551. The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder’s office a written declaration of dedication of the property delineated on the plat or map, dedicating the property exclusively to cemetery purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8552.

8552. The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscribed by the president or vice president, and the secretary, or other persons whom the cemetery authority may authorize, and shall be acknowledged so as to entitle it to be recorded.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8553.

8553. Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8554.

8554. When reservation is made in the declaration of dedication, any part or subdivision of the property so mapped and platted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8555.

8555. The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8556.

8556. The county recorder of the county in which a map or plat is filed shall index the map or plat in the general index giving reference to date of filing and number or to book and page so that it may easily be found. The recorder may bind the maps or plats in special books or in his books of maps of subdivisions. The fee for filing and indexing said map or plat shall be the same as provided for subdivided land under Section 27372 of the Government Code.
(Amended by Stats. 1957, Ch. 1865.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8557.

8557. The county recorder of the county in which a declaration of dedication is filed shall record it in the official records of his office and index it in the general index.
(Amended by Stats. 1957, Ch. 954.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8558.

8558. After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incumbrances, by sale under execution, or otherwise except as provided in this chapter.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8559.

8559. Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to, and for the benefit of, the general public.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8560.

8560. After dedication pursuant to this chapter, and as long as the property remains dedicated to cemetery purposes, no railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall be laid out, through, over, or across any part of it without the consent of the cemetery authority owning and operating it, or of not less than two-thirds of the owners of interment plots.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8560.5.

8560.5. No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county, where burials in the cemetery have been had within five years prior thereto, without the consent of the person owning and controlling the cemetery.
(Added by Stats. 1953, Ch. 83.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 3 - Dedication › Section 8561.

8561. All property dedicated pursuant to this chapter, including roads, alleys, and walks, is exempt from public improvement assessments and is exempt from enforcement of a money judgment against an individual owner of an interment plot to the extent provided in Section 704.200 of the Code of Civil Procedure.
(Amended by Stats. 1982, Ch. 497, Sec. 123. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 4 - Sale of Plots › Section 8570.

8570. After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations as may be then in effect or thereafter adopted by the cemetery authority, and subject to such other and further limitations, conditions and restrictions as may be inserted in or made a part of the declaration of dedication by reference, or included in the instrument of conveyance of such plot.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 4 - Sale of Plots › Section 8571.

8571. (a)  All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the cemetery authority, or as provided by law.
(b)  A plot, the use of which has been conveyed by deed or certificate of ownership as a family plot, thereby becomes inalienable and shall be held as a family plot of the owner.
(Amended by Stats. 2001, Ch. 436, Sec. 34. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 4 - Sale of Plots › Section 8572.

8572. All conveyances made by a cemetery authority shall be signed by the president or the vice president, and the secretary, or by other officers authorized by the cemetery authority.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 4 - Sale of Plots › Section 8573.

8573. Any cemetery authority or its agents who sell, offer for sale, contract to sell, or negotiate the sale of mausoleum crypts before the receipt of a certificate of occupancy as provided for in Sections 9591 and 9592 shall:
(a)  Set forth in each contract a specific period of time within which the building or structure shall be completed.
(b)  Set forth in each contract that the purchaser has the right of exchange for similar interment property and, in the event completion is not accomplished as set forth in (a) above, except upon the proclamation of a national emergency, guarantee the refund of the purchase price.
(c)  Provide adequate financial provision for the construction cost of the mausoleum or the refund of the sales price to the purchaser until such time as a certificate of occupancy has been received.
(Added by Stats. 1957, Ch. 1635.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 4 - Sale of Plots › Section 8574.

8574. For a violation of any provision of Section 8573, the bureau may temporarily suspend or permanently revoke the license of any cemetery licensee and may order the reservation or escrowing of assets of the cemetery authority to the extent deemed necessary to satisfy the cost of construction of the structure or building.
(Amended by Stats. 2000, Ch. 568, Sec. 250. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 5 - Removal of Dedication › Section 8580.

8580. Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(a)  That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed.
(b)  That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains.
(Amended by Stats. 1939, Ch. 1032.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 3 - Acquisition, Dedication and Sale › ARTICLE 5 - Removal of Dedication › Section 8581.

8581. The notice of hearing provided in section 8580 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. Said notice shall:
(a)  Describe the portion of the cemetery property sought to be removed from dedication.
(b)  State that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication.
(c)  Specify the time and place of the hearing.
(Added by Stats. 1939, Ch. 1032.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8600.

8600. All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8601.

8601. The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8602.

8602. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise provided in the decree.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8603.

8603. If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously interred are lawfully removed, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and his surviving spouse.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8604.

8604. Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 1 - General Provisions › Section 8605.

8605. An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot pursuant to this chapter, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the plot by the person entitled to the use of it.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 2 - Joint Tenants › Section 8625.

8625. In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 2 - Joint Tenants › Section 8626.

8626. Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the remains of the deceased joint tenant.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 2 - Joint Tenants › Section 8627.

8627. Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of a person whose death affects title to real property.
(Amended by Stats. 1983, Ch. 201, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 2 - Joint Tenants › Section 8628.

8628. An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any plot, when filed with the cemetery authority operating the cemetery in which the plot is located, is complete authorization to the cemetery authority to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving joint tenants or their successors in interest.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 2 - Joint Tenants › Section 8629.

8629. When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with the cemetery authority. In the absence of such notice or of written objection to its so doing, the cemetery authority is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any coowner of the plot.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 3 - Family Interment Plots › Section 8650.

8650. (a)  Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner, the plot shall become the family plot of the owner.
(b)  If the owner dies without making disposition of the plot either in his or her will by a specific devise, or by a written declaration filed and recorded in the office of the cemetery authority, any unoccupied portions of the plot shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code.
(c)  As of January 1, 2002, any unoccupied portions of a family plot that became inalienable pursuant to this section as it read on December 31, 2001, shall no longer be inalienable and shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. No sale, transfer, or donation of any unused portion of a family plot made alienable under this subdivision shall be made unless all persons entitled to interment in the family plot under Sections 8651 and 8652 are deceased or have expressly waived in writing the right to be interred in the family plot.
(d)  The seller of a cemetery plot shall notify the buyer that unused portions of a family plot may pass through intestate succession unless written disposition is made by the buyer and may be sold, transferred, or donated by the buyer’s heirs. The seller shall notify the buyer of the effect of a future transfer, sale, or donation of the unused portion of a family plot on any endowment for care or maintenance of the plot that the buyer may purchase in conjunction with the purchase of the cemetery plot.
(Amended by Stats. 2001, Ch. 516, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 4 - Property Rights › ARTICLE 3 - Family Interment Plots › Section 8650.5.

8650.5. An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or her attorney-in-fact, setting forth the fact of the death of the owner, the absence of a disposition of the plot by the owner in his or her will by a specific devise, the name of the person or persons who have rights to the plot under the intestate succession laws of the state, and the consent of that person or those persons to the sale of the plot by the cemetery authority, shall constitute complete authorization to the cemetery authority to permit any sale of the unoccupied portions of the plot.
(Added by Stats. 2001, Ch. 516, Sec. 2. Effective January 1, 2002.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)