Public CemeteriesGeneral Provisions
Section § 8125
This law allows cities and counties to set aside up to five acres of public land to be used as cemeteries. For these lands to be used for burial purposes, a survey and description of the land, along with an official order designating it as a cemetery, must be recorded with the county recorder's office.
Section § 8125.5
This law allows the City of Simi Valley to establish and manage a public cemetery. They can do this by either surveying and designating land they already own or by acquiring land through purchase, gift, or donation. The minimum area for such a cemetery is five acres.
Section § 8126
If a piece of land near or in a city has been used as a cemetery by local people for at least five years without any interruptions, the ownership of this land legally belongs to the city’s residents. This land must then only be used as a public cemetery.
Section § 8127
People in a city can acquire up to five acres of land through purchase, gifts, or donations to use as a cemetery. Once the land is designated for burial, it can't be used for anything else.
Section § 8128
The group in charge of a public cemetery must keep a detailed record of everyone buried there, including their name, age, birthplace, and dates of death and burial. This record must be maintained by a cemetery official and be accessible for the public to view.
Section § 8129
This law requires that public cemeteries, whether they are run by cities, towns, neighborhoods, or fraternal and beneficial groups, should have boundaries and be divided into plots.
Section § 8130
This law states that if a city owns a cemetery, it is responsible for managing burials and keeping the cemetery plots tidy and orderly. The city has full control over how these activities are conducted.
Section § 8131
If a public cemetery isn't owned by a city or a fraternal or beneficial group, the county's board of supervisors is in charge of managing and overseeing it.
Section § 8132
This law explains that public cemeteries owned by fraternal or beneficial associations or societies are managed by the associations, societies, or trustees they appoint. Essentially, these groups are in charge of overseeing and controlling their cemeteries.
Section § 8133
This law allows cemetery authorities to create and enforce rules for managing cemeteries. They can also appoint sextons or officers to ensure these rules are followed, granting them any necessary powers to maintain order in the cemetery.
Section § 8134
This law states that no new streets, alleys, or roads can be created within the boundaries of a cemetery located in a city if burials have occurred there within the last five years, unless the cemetery owner agrees to it.
Section § 8135
This law allows the Department of Water Resources to sell cemetery plots on a nonendowment care basis. These plots can only be sold to relatives up to the third degree of someone already buried there. This means close relatives like siblings, grandparents, or grandchildren can purchase these plots.
Section § 8136
This law allows any city in California, even one with its own charter, to ask the court to declare a cemetery plot abandoned if the current owner of the plot is unknown and it hasn't been used for burial in at least 50 years. The process for doing this follows the same steps used for other specified cemetery proceedings but adapts the references to apply specifically to cities.
Section § 8137
This law states that cemeteries that are owned and run by local governments like cities or counties can't sell monuments or markers. Also, the people who work there and manage the cemetery on a daily basis can't sell these monuments or markers privately.