Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE LOUIS B. GREEN, COUNTY COUNSEL, COUNTY OF EL DORADO, has requested an opinion on the following questions: 1. Is an historic Gold Rush "pioneer" cemetery that was dedicated to public use subject to the management and control of a county board of supervisors pursuant to (1) chapter 8 of the Statutes of 1854, (2) chapter 267 of Statutes of 1859, (3) chapter 73 of the Statutes of 1868, (4) former Political Code section 3105 , (5) Civil Code section 1007 , or (6) Health and Safety Code sections 8825 - 8829 ? 2. What are the rights of members of the public to visit an historic Gold Rush "pioneer" cemetery dedicated to public use that is under the management and control of a county board of supervisors? CONCLUSIONS 1. An historic Gold Rush "pioneer" cemetery that was dedicated to public use is subject to the management and control of a county board of supervisors if it is located in unincorporated territory and was acquired or dedicated as a public cemetery pursuant to present or preexisting law and such use has not been terminated. 2. The rights of members of the public to visit an historic Gold…