2009 California Health and Safety Code - Section 7900-7906 :: Article 7. Disposal Of Lands

HEALTH AND SAFETY CODE
SECTION 7900-7906

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 remains, the portions of the cemetery in
which no interments have been made, and those portions from which all
human remains have been removed, may be sold, mortgaged, or
otherwise encumbered as security for any loan or loans made to the
cemetery authority.

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 made by any cemetery corporation or
association controlled by a governing body shall be fairly conducted
and the price paid shall be fair and reasonable and all such sales
shall be confirmed, as to the fairness and reasonableness of the
price paid, by the superior court of the county in which the lands
are situated.

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 court shall fix a day for and give
notice of hearing in accordance with the provisions of Section 1230
of the Probate Code.

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 any option to buy all or any portion
of its cemetery lands for a price reasonable at the time the
agreement to sell was made, or the option granted, the superior court
shall confirm the sale at the price stipulated in the agreement to
sell or the option to buy.

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 county recorder of the county or city
and county in which the lands are situated a written declaration
reciting that all human remains have been removed from the lands
described in the declaration.
   The declaration shall be acknowledged in the manner of the
acknowledgment of deeds to real property by the president and
secretary, or other corresponding officers of the cemetery authority,
or by the person owning or controlling the cemetery lands, and
thereafter any deed, mortgage, or other conveyance of any part of
such lands is conclusive evidence in favor of any grantee or
mortgagee named in it, and his successor or assigns, of the fact of
the complete removal of all human remains therefrom.

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 cemetery lands from which the human remains
have been removed to erect a mausoleum or columbarium for the
reinterment of disinterred remains, to provide sufficient grounds
around it, and to preserve such historical vaults or monuments as the
cemetery authority may determine to be proper or necessary.

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 all or any part of such cemetery
lands by an order and decree of the superior court of the county in
which the property is situated, in a proceeding brought for that
purpose and upon notice of hearing and proof satisfactory to the
court:
   (a) That all bodies have been removed, or that no interments were
made; and
   (b) That the property is no longer used or required for interment
purposes.


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