Cal. Civ. Code § 1
That cemetery associations incorporated by the laws of this state, and owning land in any cemetery located in any county of less than one hundred thousand inhabitants, shall have power to sell such lands so owned by said association and not suitable or required for burial purposes, and in which no person shall have been buried: Provided, That the trustees or other officers having control of such cemetery, shall first call a meeting of the lot owners in such cemetery, at which a vote shall be taken in regard to such sale, and if a majority of the votes so cast shall be in favor of such sales, the trustees or other officers having control of such cemetery shall have power to sell such lands, as hereinafter provided
Operative Text
That cemetery associations incorporated by the laws of this state, and owning land in any cemetery located in any county of less than one hundred thousand inhabitants, shall have power to sell such lands so owned by said association and not suitable or required for burial purposes, and in which no person shall have been buried: Provided, That the trustees or other officers having control of such cemetery, shall first call a meeting of the lot owners in such cemetery, at which a vote shall be taken in regard to such sale, and if a majority of the votes so cast shall be in favor of such sales, the trustees or other officers having control of such cemetery shall have power to sell such lands, as hereinafter provided.
Under 765 Ill. Comp. Stat. 755 § 1, Illinois-incorporated cemetery associations that own land in cemeteries located in counties with fewer than 100,000 residents may sell portions of that land, but only under specific conditions. The land in question must never have been used for burials and must not be needed for future burial purposes. Before any sale can proceed, cemetery trustees or controlling officers must convene a meeting of lot owners and obtain a majority vote in favor of the sale.
Plain English — not legal advice.
Cemetery associations and their trustees operating under 765 Ill. Comp. Stat. 755 § 1 in qualifying counties generally ensure that any land considered for sale is formally documented as never having been used for burials and not required for future burial use. Compliant operators typically organize and properly notice a lot-owner meeting before moving forward, carefully recording the vote to demonstrate that a majority approved the proposed sale. Maintaining thorough records of the meeting process and vote outcome supports the association's authority to proceed with a transaction under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While 765 Ill. Comp. Stat. 755 § 1 primarily governs cemetery associations rather than residential tenants, individuals who own burial lots in an affected cemetery have a direct stake in this provision. Lot owners hold the right to participate in any meeting called to vote on the sale of non-burial land, and a majority vote is required before a sale can be authorized. Lot owners who believe a sale is being pursued without proper adherence to the meeting and voting requirements of this provision may wish to consult a tenant-rights or property-rights organization, or review the statute directly, to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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