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HomeHealth and Safety CodeDiv. 7Pt. 2Ch. 4Art. 7§ 7904 Cemetery Land Removal Declaration

§ 7904 Cemetery Land Removal Declaration

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7904 Cemetery Land Removal Declaration

Key Takeaways

  • •If all bodies are moved from a cemetery, the cemetery can file a paper saying the land is now empty.
  • •This paper must be signed by the cemetery boss or owner, like signing a house deed.
  • •After this paper is filed, if someone buys or borrows money using the land, they can be sure no bodies are left there.

Example

A small town cemetery wants to sell its land to build a park.

First, they move all the bodies to a new cemetery. Then, they file a paper with the county saying the land is empty. Now, when the town buys the land to make a park, they know for sure no one is buried there anymore.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7904 Cemetery Land Removal Declaration

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. (Enacted by Stats. 1939, Ch. 60.)

Last verified: January 24, 2026

Key Terms

conveyancepropertydeedmortgagesecretaryauthoritydeclarationstatement

Related Statutes

  • § 33397 Property Use Restrictions Void
  • § 8603 Cemetery Plot Inheritance Rules
  • § 9055 Cemetery District Conveyance Rules
  • § 33396 Public Property Disposal Authority
  • § 33430 Agency Property Disposal Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 7904.
View Official Source