§ 7901 Cemetery Land Sales Approval

Health and Safety Code·California

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Key Takeaways

•Cemetery land can be sold or mortgaged without waiting for a court order first.
•If a cemetery group sells land, the sale must be fair and the price must be reasonable.
•A local court must check and approve that the sale was fair and the price was right.

Example

A cemetery wants to sell some of its land to a developer.

The cemetery can sell the land without asking a court first, but the sale must be fair. After the sale, a local court will check to make sure the price was reasonable and the sale was done fairly.

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

Official Source

View on CA.gov

§ 7901 Cemetery Land Sales Approval

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

Last verified: January 24, 2026

Key Terms

corporation encumbrance mortgage association

References

Official text at leginfo.legislature.ca.gov
California Legislature. Health and Safety Code. Section 7901.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References