SECTIONS 8550-8561
HEALTH AND SAFETY CODE
SECTION 8550-8561
SECTION 8550-8561
8550. Every cemetery authority, from time to time as its propertymay be required for interment purposes, shall: (a) In case of land, survey and subdivide it into sections,blocks, plots, avenues, walks or other subdivisions; make a good andsubstantial map or plat showing the sections, plots, avenues, walksor other subdivisions, with descriptive names or numbers. (b) In case of a mausoleum, or crematory and columbarium it shallmake a good and substantial map or plat on which shall be delineatedthe sections, halls, rooms, corridors, elevations, and otherdivisions, with descriptive names or numbers. (c) The maps or plats shall be clearly and legibly drawn, printed,or reproduced by a process guaranteeing a permanent record in blackon tracing cloth or polyester base film. If ink is used on apolyester base film, the ink surface shall be coated with a suitablesubstance to insure permanent legibility. The size of each sheetshall be 18 by 26 inches or as otherwise prescribed by the countyrecorder or local agency. A marginal line shall be drawn completelyaround each sheet, leaving an entire blank margin of one inch. Thescale of the map shall be large enough to show all details clearlyand enough sheets shall be used to accomplish this end. Theparticular number of the sheets and the total number of sheetscomprising the map shall be stated on each of the sheets and itsrelationship to each adjoining sheet shall be clearly shown. (d) Upon modification of an existing section after January 1,1990, or development of a new section after January 1, 1990, thecemetery authority shall amend and file with the county recorder orlocal agency the maps or plats as described in subdivisions (a), (b),and (c). Within 12 months of the initial sale, the cemeteryauthority shall file with the county recorder or local agency the mapor plat. For purposes of this subdivision, "section" means a burialspace, mausoleum, or columbarium.8551. The cemetery authority shall file the map or plat in theoffice of the recorder of the county in which all or a portion of theproperty is situated. The cemetery authority shall also file forrecord in the county recorder's office a written declaration ofdedication of the property delineated on the plat or map, dedicatingthe property exclusively to cemetery purposes.8552. The declaration shall be in such form as the cemeteryauthority may prescribe, and shall be subscribed by the president orvice president, and the secretary, or other persons whom the cemeteryauthority may authorize, and shall be acknowledged so as to entitleit to be recorded.8553. Upon the filing of the map or plat and the filing of thedeclaration for record, the dedication is complete for all purposesand thereafter the property shall be held, occupied, and usedexclusively for a cemetery and for cemetery purposes.8554. When reservation is made in the declaration of dedication,any part or subdivision of the property so mapped and platted may, byorder of the directors, be resurveyed and altered in shape and sizeand an amended map or plat filed, so long as such change does notdisturb the interred remains of any deceased person.8555. The filed map or plat and the recorded declaration areconstructive notice to all persons of the dedication of the propertyto cemetery purposes.8556. The county recorder of the county in which a map or plat isfiled shall index the map or plat in the general index givingreference to date of filing and number or to book and page so that itmay easily be found. The recorder may bind the maps or plats inspecial books or in his books of maps of subdivisions. The fee forfiling and indexing said map or plat shall be the same as providedfor subdivided land under Section 27372 of the Government Code.8557. The county recorder of the county in which a declaration ofdedication is filed shall record it in the official records of hisoffice and index it in the general index.8558. After property is dedicated to cemetery purposes pursuant tothis chapter, neither the dedication, nor the title of a plot owner,shall be affected by the dissolution of the cemetery authority, bynonuser on its part, by alienation of the property, by anyincumbrances, by sale under execution, or otherwise except asprovided in this chapter.8559. Dedication to cemetery purposes pursuant to this chapter isnot invalid as violating any laws against perpetuities or thesuspension of the power of alienation of title to or use of property,but is expressly permitted and shall be deemed to be in respect forthe dead, a provision for the interment of human remains, and a dutyto, and for the benefit of, the general public.8560. After dedication pursuant to this chapter, and as long as theproperty remains dedicated to cemetery purposes, no railroad,street, road, alley, pipe line, pole line, or other publicthoroughfare or utility shall be laid out, through, over, or acrossany part of it without the consent of the cemetery authority owningand operating it, or of not less than two-thirds of the owners ofinterment plots.8560.5. No streets, alleys, or roads shall be opened or laid outwithin the boundary lines of any cemetery located in whole or in partwithin the lines of any city or city and county, where burials inthe cemetery have been had within five years prior thereto, withoutthe consent of the person owning and controlling the cemetery.8561. All property dedicated pursuant to this chapter, includingroads, alleys, and walks, is exempt from public improvementassessments and is exempt from enforcement of a money judgmentagainst an individual owner of an interment plot to the extentprovided in Section 704.200 of the Code of Civil Procedure.