BlackletterCalifornia law

PART 2. DISINTERMENT AND REMOVAL [7500. - 8030.]

Part 2 enacted by Stats. 1939, Ch. 60.

§§ 7500–8030 · 85 sections

  1. CHAPTER 1. General Provisions §§ 7500–7528 · 7 sections
    1. ARTICLE 1. Permits §§ 7500–7502 · 3 sections
      • § 7500 No remains of any deceased person shall be removed from any cemetery, except upon written order of the health department having jurisdiction, or of the…
      • § 7501 A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit for the removal has been issued by the local registrar of…
      • § 7502 In the disinterment, transportation and removal of human remains under Chapter 4 of this part a cemetery authority need not obtain a separate permit for the…
    2. ARTICLE 2. Consent to Removal §§ 7525–7528 · 4 sections
      • § 7525 The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the…
      • § 7526 If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient.
      • § 7527 Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if…
      • § 7528 This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by a cemetery…
  2. CHAPTER 3. Removal of All Remains: Cities of 1500–100,000 § 7600 · 1 section
    • § 7600 The governing body of any city having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance, and under such rules…
  3. CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 §§ 7700–8005 · 53 sections
    1. ARTICLE 1. Power of Municipality §§ 7700–7701 · 2 sections
      • § 7700 The governing body of any city or city and county, having a population of more than one hundred thousand persons, may order the disinterment and removal of all…
      • § 7701 The governing body of such city or city and county may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable…
    2. ARTICLE 2. Declaration of Intention by Cemetery Authority §§ 7725–7726 · 2 sections
      • § 7725 The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with this chapter, may declare its…
      • § 7726 Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority shall…
    3. ARTICLE 3. Notice of Intention §§ 7735–7739 · 5 sections
      • § 7735 Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in a newspaper of general…
      • § 7736 The notice shall be entitled “Notice of Declaration of Intention to Remove Human Remains from ____ (insert name of cemetery) in accordance with the provisions…
      • § 7737 Copies of the notice shall within ten days after the first publication be posted in at least three conspicuous places in the cemetery or the portion from which…
      • § 7738 A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name…
      • § 7739 The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known.
    4. ARTICLE 4. Special Notice to Relative or Friend §§ 7750–7754 · 5 sections
      • § 7750 At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the…
      • § 7751 The notice to the cemetery authority shall specify: (a) The name of the person whose remains are to be disinterred. (b) As accurately as possible, the plot…
      • § 7752 The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make removals.
      • § 7753 After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person…
      • § 7754 Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time…
    5. ARTICLE 5. Removals by Relatives or Friends §§ 7800–7805 · 6 sections
      • § 7800 At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and…
      • § 7801 The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose remains…
      • § 7802 Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: (a) The purchaser or owner of the plot.…
      • § 7803 If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the…
      • § 7804 Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove…
      • § 7805 If such appurtenances remain on the plot for more than ninety days after the removal of the last human remains, they may be removed and disposed of by the…
    6. ARTICLE 6. Removal by Cemetery Authority §§ 7850–7852 · 3 sections
      • § 7850 After the completion of notice, and after the expiration of the period of ten months specified in the notice, any cemetery authority may cause the removal of…
      • § 7851 Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter by a cemetery authority, they shall be transported to and…
      • § 7852 The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations…
    7. ARTICLE 7. Disposal of Lands §§ 7900–7906 · 7 sections
      • § 7900 Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such…
      • § 7901 No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any sale of such cemetery lands…
      • § 7902 Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated, and the clerk of the…
      • § 7903 If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell or has granted…
      • § 7904 After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the…
      • § 7905 With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be reserved from any…
      • § 7906 After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication may be removed from…
    8. ARTICLE 8. Use of Funds §§ 7925–7933 · 9 sections
      • § 7925 Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all remains have been removed…
      • § 7926 Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may…
      • § 7927 From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its…
      • § 7928 After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use…
      • § 7929 Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare.
      • § 7930 Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and has…
      • § 7931 In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any other…
      • § 7932 Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of…
      • § 7933 The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any member…
    9. ARTICLE 9. New Land, Mausoleum or Columbarium §§ 7950–7955 · 6 sections
      • § 7950 Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery…
      • § 7951 Plots, crypts, or niches may be sold to persons desiring to make reinterments.
      • § 7952 The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots full or…
      • § 7953 After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot in…
      • § 7954 The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains…
      • § 7955 The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection by the relatives or friends of…
    10. ARTICLE 10. Taxation § 7975 · 1 section
      • § 7975 When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in…
    11. ARTICLE 11. Religious Observances § 7980 · 1 section
      • § 7980 The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or…
    12. ARTICLE 12. Removal by Counties §§ 8000–8005 · 6 sections
      • § 8000 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, and…
      • § 8001 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…
      • § 8002 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…
      • § 8003 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…
      • § 8004 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…
      • § 8005 After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property.
  4. CHAPTER 5. California Native American Graves Protection and Repatriation §§ 8010–8030 · 24 sections
    1. ARTICLE 1. General Provisions §§ 8010–8011 · 2 sections
      • § 8010 This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001.
      • § 8011 It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consistent state policy to ensure that all California Indian human…
    2. ARTICLE 2. State Cultural Affiliation and Repatriation §§ 8012–8021 · 10 sections
      • § 8012 Terms used in this chapter have the same meaning as defined in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et…
      • § 8013 (a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribes and their respective state aboriginal territories. The…
      • § 8014 (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or…
      • § 8015 (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum…
      • § 8016 (a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate human remains and cultural items if all of the following…
      • § 8017 If there is a committee or group of California Indian tribes authorized by their respective tribal governments to accept repatriation of human remains and…
      • § 8018 An agency or museum that repatriates human remains and cultural items in good faith pursuant to this chapter is not liable for claims by an aggrieved party or…
      • § 8019 Nothing in this section shall be construed to prohibit the governing body of a California Indian tribe or group authorized by Section 8017 from expressly…
      • § 8020 Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the commission or designated mediator may close part of a…
      • § 8021 The filing of an appeal by either party automatically stays an order of the commission or a designated mediator on repatriation of human remains and cultural…
    3. ARTICLE 3. Conditions on the Use of State Funds for the Handling or Maintenance of Native American Human Remains and Cultural Items §§ 8024–8028.5 · 6 sections
      • § 8024 For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.
      • § 8025 (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the Regents…
      • § 8026 (a) (1) As a condition for using state funds to handle and maintain Native American human remains and cultural items, the Regents of the University of…
      • § 8027 The Regents of the University of California may delegate responsibilities pursuant to this article to the President of the University of California or another…
      • § 8028 The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code, shall conduct an…
      • § 8028.5 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
    4. ARTICLE 3.5. Handling, Maintenance, and Repatriation of Native American Human Remains and Cultural Items at the California State University §§ 8028.7–8028.73 · 4 sections
      • § 8028.7 (a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the…
      • § 8028.71 (a) (1) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) and this chapter, the…
      • § 8028.72 To ensure that each California State University campus has the funding necessary to comply with this chapter, the California State University shall do all of…
      • § 8028.73 In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25…
    5. ARTICLE 4. Penalties and Enforcement Procedures §§ 8029–8030 · 2 sections
      • § 8029 (a) Any agency or museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the commission, not to exceed twenty…
      • § 8030 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…