ARTICLE 1. Care of Old Cemeteries

Article 1 enacted by Stats. 1939, Ch. 60.

§§ 8700–8715 · 15 sections

• § 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…
• § 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…
• § 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…
• § 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…
• § 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…
• § 8705 There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes.
• § 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…
• § 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…
• § 8708 Copies of the notice shall be posted in three conspicuous places within the cemetery.
• § 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…
• § 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…
• § 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.
• § 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…
• § 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.
• § 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…