§441-4 Subdivision law not applicable; approval of location and boundaries by council. No provision of law, ordinance, or government regulation relating generally to subdivisions, or the sale or transfer of land within subdivisions, shall be applicable to cemeteries. Each county may enact ordinances dealing separately with the development of cemeteries. No cemetery shall hereafter be established, nor shall the boundaries of any existing cemetery be extended, without the location and boundaries of the cemetery or extension thereof having first been approved by the council of the county in which the cemetery is located. The approval may be endorsed in writing by authority of the council, upon the certificate of dedication referred to in section 441-2, and the registrar of conveyances or the assistant registrar of the land court, shall not accept for filing any certificate of dedication without such endorsement or, in lieu thereof, a certified copy of a resolution of the council approving the location and boundaries of the cemetery or extension thereof which resolution shall be recorded. [L 1967, c 199, pt of §1; HRS §441-4]
Revision Note
"Council" substituted for "board of supervisors" to conform to terminology of county charters.
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
441. Cemetery and Funeral Trusts
441-2 Certificate of dedication.
441-3 Map or plat required; unique identifier.
441-4 Subdivision law not applicable; approval of location and boundaries by council.
441-5 Securities law not applicable to sales of cemetery property.
441-6 When dedication complete; effect of dedication.
441-7 Constructive notice of dedication.
441-8 Resurvey; amended map or plat.
441-9 Dedicated property exempt from improvement assessment.
441-11 Use as cemetery may not be disturbed after dedication.
441-12 Mortgages and liens; consumer contracts; sales prohibited.
441-14 Dedication to cemetery purposes does not violate laws against perpetuities.
441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.
441-19 Powers and duties of director.
441-20 License required to act as cemetery or pre-need funeral authority.
441-20.5 Audit of records of cemetery or pre-need funeral authority.
441-20.6 Retaining consultants.
441-21 No cemetery or pre-need funeral authority license issued when.
441-22.2 Pre-need trusts required.
441-22.5 Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.
441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
441-22.8 Cancellation; default and termination; refund.
441-23 Fine, revocation, suspension, and renewal of authority licenses.
441-24 Inspection of cemetery or pre-need funeral authority books.
441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.
441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.
441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.
441-25 License not required to act as cemetery or pre-need funeral salesperson.
441-29 Application for license; fees.
441-31 Fees; biennial renewals.
441-32.5 Sales contracts; filing with the director.
441-35 Perpetual care fund expressly permitted.
441-36 Perpetual care required.
441-37 Trustee of perpetual care fund and pre-need trust.
441-38 Contributions and payments to the trustee.
441-39 Principal of fund or trusts; use of income, reserves.
441-40 Application of principal and income; responsibility of trustee.
441-41 Investment of perpetual care funds and pre-need trusts.
441-42 Trustee's compensation.
441-43 Inspection, regulation, and supervision of administrator.