California Health and Safety Code 9054 – (a) A district may use or lease land acquired for a future …
(a) A district may use or lease land acquired for a future cemetery for an enterprise if all of the following conditions apply:
(1) The district has filed with the county recorder a declaration of intention to use the land for a cemetery.
Terms Used In California Health and Safety Code 9054
- County: includes city and county. See California Health and Safety Code 14
- District: means a public cemetery district created pursuant to this part or any of its statutory predecessors. See California Health and Safety Code 9002
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The amount of land is reasonably necessary for the district’s future requirements.
(3) The enterprise is consistent with the applicable regulations of the city or county in which the land is located.
(4) The enterprise does not permit the conduct of funeral or cemetery functions not authorized by this part.
(5) The enterprise does not prevent the future use of the land as a cemetery.
(b) A district may lease land acquired for future cemetery use to a public agency for recreational use, provided that the district has filed with the county recorder a declaration of intention to use the land for a cemetery.
(c) Nothing in this part authorizes a district to acquire or retain real property that is not reasonably necessary for the district’s future requirements.
(Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)