VirginiaHB12372026 Regular SessionHouseWALLET

Cemeteries; maintenance of abandoned or neglected graveyards, owner unknown.

Sponsored By: Briana D. Sewell (Democratic)

Became Law

Summary

Cemeteries; maintenance of abandoned or neglected graveyards; owner unknown. Permits the owner of adjacent land or an incorporated nonprofit entity to petition the circuit court for an exclusive license to maintain a graveyard that has been abandoned, is unused and neglected by the owner, and the owner of such graveyard is unknown, or cannot with reasonable diligence be found. The bill requires the petitioner to (i) demonstrate a good faith effort to identify and contact an owner of record of the graveyard and (ii) publish in a newspaper having general circulation in the locality in which the graveyard is located, once a week for two consecutive weeks, notice that a petition for a maintenance license has been filed. The bill allows a court to grant a petitioner an exclusive license for the maintenance of an abandoned graveyard not to exceed five years. Such petitioner may, by petition of the court, renew such license indefinitely. After the court grants a petitioner a license to maintain the property, the owner of such graveyard may petition the circuit court of the county or city in which the graveyard is located to terminate the license.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Protections for identified graveyard owners

If you own the graveyard, you can ask the circuit court to end a maintenance license that was granted to someone else. You are generally immune from civil lawsuits for access granted under this law, unless you were grossly negligent or acted with willful misconduct.

Neighbors and nonprofits can get graveyard license

If you own land next to an abandoned, unused, and neglected graveyard, or you are a local nonprofit, you can ask the circuit court in that county or city for an exclusive license to maintain it when the owner is unknown or cannot be found. Before the hearing, you must try in good faith to contact the owner or known heirs and publish a notice once a week for two weeks in a local paper at least 20 days before the hearing. The license can last up to five years and you may ask the court to renew it indefinitely. Your petition must list the work, such as mowing, removing brush, trimming or removing trees, fixing or replacing headstones and fences, planning preservation, and locating unmarked graves. You must pay for the work and all filing and publication costs. You receive the same entry and exit rights as under existing cemetery access law.

Sponsors & Cosponsors

Sponsor

  • Briana D. Sewell

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 319 • No: 1

Senate vote 3/9/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/6/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/4/2026

Reported from General Laws and Technology

Yes: 15 • No: 0

House vote 2/4/2026

Read third time and passed House Block Vote

Yes: 97 • No: 1

House vote 2/4/2026

Passed House Block Vote

Yes: 98 • No: 0

House vote 1/29/2026

Reported from General Laws

Yes: 21 • No: 0

House vote 1/27/2026

Subcommittee recommends reporting

Yes: 9 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0278)

    4/6/2026Governor
  2. Approved by Governor-Chapter 278 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/25/2026Governor
  4. Enrolled Bill communicated to Governor on March 25, 2026

    3/25/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB1237)

    3/16/2026House
  6. Bill text as passed House and Senate (HB1237ER)

    3/14/2026House
  7. Enrolled

    3/14/2026House
  8. Signed by President

    3/14/2026Senate
  9. Signed by Speaker

    3/14/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/9/2026Senate
  11. Read third time

    3/9/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/6/2026Senate
  14. Rules suspended

    3/6/2026Senate
  15. Reported from General Laws and Technology (15-Y 0-N)

    3/4/2026Senate
  16. Referred to Committee on General Laws and Technology

    2/5/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/5/2026Senate
  18. Read third time and passed House Block Vote (97-Y 1-N 0-A)

    2/4/2026House
  19. Passed House Block Vote (98-Y 0-N 0-A)

    2/4/2026House
  20. Reconsideration of passage agreed to by House

    2/4/2026House
  21. Read second time and engrossed

    2/3/2026House
  22. Fiscal Impact Statement from Department of Planning and Budget (HB1237)

    2/3/2026House
  23. Read first time

    2/2/2026House
  24. Reported from General Laws (21-Y 0-N)

    1/29/2026House
  25. Subcommittee recommends reporting (9-Y 0-N)

    1/27/2026House

Bill Text

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