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    1. [CAELDORA] Assembly Bill 322 - Family Plots in Cemeteries
    2. Sue Silver
    3. Greetings, Assemblymember Bill Campbell introduced AB 322 that will provide that family cemetery plots if not specifically bequeathed by the deceased plot owner, will pass to heirs according to the state's laws governing Intestate Succession. The intent of the bill is to allow heirs access to the use and enjoyment of the plots (provided, I would hope, there is room to be interred). UNFORTUNATELY, what this Bill also provides is that the "heirs" then have the right to sell, bequeath or otherwise dispose of the remaining grave plots in the family plots. Previous to this, California Health and Safety Code has provided that family plots are inalienable and that no one not authorized by the "plot owner" to be buried there, may legally be interred. The present law is consistent with the earlier feelings of people that they have a place set aside for the use and burial (together) of their family members. The reason that families in the old cemeteries enclosed their plots with concrete or granite coping was to protect "their" burial space. AB 322 may have the effect of disposing of those now-deceased person's right to what they intended originally. If you agree that family plots should be forever held for use by a family and that non-related parties should not be allowed to invade those burial spaces, please contact Assemblymember Bill Campbell in OPPOSITION of AB 322. Please copy Assemblymember Robert Pacheco, Vice Chair of the Assembly Judiciary Committee also. Their email addresses are: assemblymember.campbell@assembly.ca.gov and ajud.committee@assembly.ca.gov. For more information about AB 322, check: www.assembly.ca.gov/acs/acsframeset2text.htm and search on Assembly Bill 322. This will give you the text of the Bill, the history and status, and the Legislative Counsel's Analysis of the Bill. As one who is Sexton of an historic cemetery, I now have third, fourth and fifth generation family trying to find "cheap" (free) grave space, even though for years they have ignored the graves of their (long) deceased ancestors. and despite the fact the cemetery's records are not accurate as to all burials that occurred. I believe those plots should remain inalienable. Thank you, Sue Silver, President El Dorado County Pioneer Cemeteries Commission ( a California Non-Profit Public Benefit Corporation) ssilver1951@jps.net

    04/14/2001 03:47:42