Cal. Civ. Code § 3
The trustees or other officers having control of such cemetery shall sell such lands at public sale, to the highest bidder, upon such terms as they may determine
Operative Text
The trustees or other officers having control of such cemetery shall sell such lands at public sale, to the highest bidder, upon such terms as they may determine.
Under 765 Ill. Comp. Stat. 755 § 3, when cemetery land is subject to sale under this statute, the governing trustees or officers of the cemetery are required to conduct that sale publicly, awarding the property to the highest bidder. The trustees retain discretion to set the specific terms and conditions of the sale. This provision establishes a competitive, transparent process rather than allowing private or negotiated transfers.
Plain English — not legal advice.
Property owners or managers dealing with cemetery-adjacent or cemetery-held land governed by 765 Ill. Comp. Stat. 755 § 3 should be aware that any qualifying sale must go through a public bidding process administered by the cemetery's trustees or officers. A compliant operator engaging with such a transaction generally ensures that the sale is openly advertised, conducted at public auction, and awarded to the highest bidder under terms the trustees have formally established. Keeping documentation of the bidding process and the terms set by the trustees supports a clear record of compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or occupants of land falling under 765 Ill. Comp. Stat. 755 § 3 have an interest in knowing that any sale of such cemetery-controlled land must occur through a public auction open to all bidders, not through a closed or preferential process. If a sale appears to have bypassed the public bidding requirement, that procedural irregularity may be relevant to any challenge of the transaction. Those with concerns about whether a sale complied with this provision can consult a tenant-rights organization or review the public record of the auction process.
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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