California Health and Safety Code

§ 8123

HSC § 8123 Effective Jan 1, 2013Div. 8 · Part 1 · Ch. 6

Statute text

(a)Except as provided in subdivision (b) and Section 8124, no person or entity shall sell, trade, or transfer veteran’s commemorative property.

(b)Any person, unincorporated association, cemetery corporation, or religious corporation, except a municipal corporation described in Section 8137, that owns or controls a cemetery where any veteran’s commemorative property has been placed that wishes to sell, trade, or transfer veteran’s commemorative property shall petition the superior court in the county in which the veteran’s commemorative property is located for permission to sell, trade, or transfer all or any part of the veteran’s commemorative property. The court may approve the sale, trade, or transfer of the veteran’s commemorative property under any of the following conditions:

(1)The veteran’s commemorative property is at reasonable risk of physically deteriorating so that it will become unrecognizable as identifying or commemorating the veteran or group of veterans originally identified or commemorated thereby and the veteran’s commemorative property that is to be sold, traded, or transferred is replaced at its original site by a fitting replacement commemorative property, monument, or marker that appropriately identifies and commemorates the veteran or group of veterans.

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Legislative history

Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.