Families with loved ones buried at Mount Tamalpais Cemetery in San Rafael have a legal path toward better care of the 150-year-old grounds after Gov. Gavin Newsom signed two bills into law.

SB 1312 and AB 929 give Marin County the authority to declare the neglected private cemetery abandoned and eventually transfer it to a nonprofit or licensed operator. Newsom also approved $1.8 million to begin restoration, according to a joint announcement from the county and Assemblymember Damon Connolly's office on Monday, Sept. 28.

The two laws work in tandem. SB 1312, authored by Sen. Laura Richardson, creates a statewide process for determining when a private endowment care cemetery has been abandoned. AB 929, authored by Connolly and sponsored by Marin County, was written specifically for Mount Tamalpais. It lets the county take temporary ownership and then hand the cemetery to a qualified successor.

Before the Board of Supervisors can declare the cemetery abandoned, SB 1312 requires the county to notify the property owner and allow 90 days to address public health, safety or welfare concerns.

Both laws shield any successor from the prior owner's debts, fines and tax obligations. The only exceptions are existing burial rights and prepaid burial contracts, the Press Democrat reported.

The cemetery's troubles stretch back roughly a decade. Families have reported tilting and toppled headstones, rodent holes, overgrown weeds obscuring grave markers and poor road maintenance.

In March 2025, the state Cemetery and Funeral Bureau (CFB) ordered Mount Tamalpais and three other memorial sites under the same ownership to cease conducting cemetery business. The bureau seized $52 million in endowment care funds from owner Buck Kamphausen's companies. According to the Press Democrat, a court ruling found Kamphausen conceded to accusations including spending endowment money on personal expenses.

Connolly said the bills put the cemetery "… in a strong position to return respect and dignity to these grounds, ending years of struggle for families who have loved ones buried in San Rafael."

Marin County Supervisor Mary Sackett, who represents much of San Rafael, called AB 929 "remarkable progress" for the people buried at the site and their families.

More than 200 community members wrote to state and local officials in 2026 urging legislative action and funding. Deputy County Executive Talia Smith told the Press Democrat on Sept. 12 that she receives "at least one or two calls every week from a family member who has somebody buried at Mount Tamalpais."

Kamphausen told the Press Democrat on Sept. 10 that the county "has made us an offer to take over the cemetery. We're going to give it to them." He said his decision had nothing to do with the pending legislation.

No successor has been publicly named.

The county and City of San Rafael are searching for a nonprofit or licensed cemetery operator to serve as permanent steward. The $1.8 million in state funds will go to that organization to begin addressing years of deferred maintenance. No date has been announced for the Board of Supervisors to begin the 90-day notice process.