Public Cemetery DistrictsInterments
Section § 9060
This law specifies who can be buried in cemeteries owned by a district. Interment is limited to burial in the ground, columbariums, and mausoleums. Only certain groups are allowed to be buried: current residents, former residents who bought burial rights while living there, those who pay or used to pay property taxes in the district and bought burial rights then, eligible nonresidents as outlined in the law, and family members of any of these groups.
Section § 9061
This California law allows a district-owned cemetery to bury nonresidents under certain conditions. Firstly, the cemetery must have a sufficient care fund and charge a nonresident fee, unless waived for those who pre-purchased the right while they were residents. Additionally, the nonresident must meet specific eligibility criteria related to family ties, residency history, or circumstances such as military service or line-of-duty death. If eligible, there must still be enough cemetery space.
Section § 9062
This law allows a cemetery's board of trustees to partner with a county for interring people the county is responsible for, under certain conditions.
The cemetery must have enough space for future needs and an endowment care fund with required payments.
The county needs to cover interment costs, including a contribution to the cemetery's care fund.
Section § 9063
This law allows the Oroville Cemetery District to use its cemetery on Feather River Boulevard for burying up to 100 people who do not live in the district. However, specific conditions must be met: there must be enough space in the cemetery for future needs, the cemetery must have a care fund with minimum required payments, and nonresidents must pay a fee.
Section § 9063.3
This law allows the Happy Homestead Cemetery District in South Lake Tahoe to bury residents from specified Nevada communities in its cemeteries, overruling certain other legal sections for this situation. However, there are conditions: the cemetery must have enough space, there must be a fund for cemetery upkeep with a required contribution for each burial, and nonresidents must pay a specific fee.
Section § 9063.5
This section allows the Elsinore Valley Cemetery District to use a part of its cemetery, called Home of Peace, to bury up to 536 individuals who don’t live in the district. This can occur under three conditions: (a) the cemetery board believes they have enough space for future needs; (b) there's a fund for taking care of the cemetery which includes at least the minimum contribution, and (c) nonresidents must pay an additional fee.
Section § 9063.7
This law allows the Davis Cemetery District to bury up to 500 people who are not residents or property taxpayers in their cemetery if certain conditions are met.
The conditions include: ensuring there is enough space for future needs, having a fund for cemetery upkeep with the required minimum amount, and charging a fee for nonresidents.
Section § 9063.9
This law allows specific cemetery districts in Shasta, Kern, and Solano Counties to offer burial plots or columbarium spaces to up to 400 people who aren't local residents or taxpayers, capped at 40 people per year. To do this, the cemetery must have plenty of space for future needs, collect a contribution to their care fund for each burial, and charge a nonresident fee.
Section § 9064
This law requires the board of trustees to keep detailed records for cemeteries owned by the district. These records must include information about the graves, such as who owns burial rights and where they're located, as well as details about the deceased interred there, including their personal details and the funeral director's information.
The law allows these records to be maintained in their original form or in any format that accurately reproduces the original records.
Section § 9065
The board of trustees for a cemetery district must create a fund called an endowment care fund. This fund is maintained by requiring payments when interment rights are sold or if previous payments were not made. The payment amounts are set by a different law, specifically Section 8738. Additionally, the board can add money from other sources if necessary. Importantly, they cannot spend the main amount of the fund, only its income, which must be used exclusively for cemetery upkeep.
Section § 9066
This law section requires the board of trustees to ensure that the main funds of the endowment care fund are invested in specific types of financial instruments. These include: securities listed in another law; U.S. government obligations; local government obligations with a good credit history in California; state obligations; high-rated corporate bonds; and insured bank accounts. The investments must meet certain criteria, such as good credit ratings and no recent default history.
Section § 9067
This law allows the board of trustees to invest funds from the endowment income fund that are not currently needed for maintaining cemeteries. These funds can be invested in specific securities and obligations as outlined in another legal section, Section 53601 of the Government Code.
Section § 9068
The board of trustees for cemeteries owned by the district needs to set up a fee schedule for burials and other services.
They must also create a separate fee schedule for nonresidents, ensuring these fees are at least equal to those for residents, plus an extra fee of at least 15% for nonresidents.
Section § 9069
This law allows a district to declare an interment plot, which is a burial space in a cemetery, abandoned. To do this, the district must file a petition in court with specific details, like the plot's identification and evidence that no one has been buried there for at least 50 years, and the current owner is unknown. They must also publish notices and send them by mail to the last known owner. A court hearing will be held to decide if the plot can be declared abandoned, and if approved, ownership returns to the district after a year.
If anyone believes this isn’t right, they can ask the court to review the case again before the year ends. If new information comes up, the court can change its decision. Once a plot is officially abandoned, the district can sell interment rights again.
However, if the district finds human remains in the plot later, they must try to identify them, mark the plot accordingly, and offer alternate burial rights to new owners. The district isn't liable for any damages if they follow the correct procedures.