Title 57, Title 57. Religious and Charitable Matters; Cemeteries

If it is desired at any time to establish a cemetery for the use of a city, town, county or magisterial district, or to enlarge any such cemetery already established, and the title to land needed cannot be otherwise acquired, land sufficient for the purpose may be condemned. Appl…

(1) Restrictions as to location. -- No cemetery shall be hereafter established within a county or the corporate limits of any city or town, unless authorized by appropriate ordinance subject to any zoning ordinance duly adopted by the governing body of such county, city or town; …

The governing body of the City of Richmond may, by ordinance, prohibit the burial of dead bodies in the cemeteries known as Ham's, Cedarwood, Methodist, Union Mechanics', Ebenezer, and Sycamore cemeteries, respectively, and may by such ordinance provide for penalties for violatio…

A. Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in g…

A. For purposes of this section: "Family cemetery" means a private burying ground or cemetery, not operated for profit, that contains a collection of graves of people who descend from the same immediate family and that is exempt from taxation pursuant to Article X, § 6 (a) (3) of…

A. In any instance where the operator of a cemetery is informed or becomes aware that it has interred or permitted the interment of a body or cremains in the wrong burial space, it shall disinter the burial container wrongfully interred, identify the burial container, and reinter…

A cemetery may accept the notarized signature of one next of kin of a decedent for the purpose of authorizing the interment or entombment, and for erecting a memorial on the grave, crypt or niche, unless the cemetery is on written notice that there exists a dispute between next o…

Any city and county, or any number of cities and counties, may jointly purchase or otherwise acquire land for the purpose of improving and establishing a jointly owned cemetery or cemeteries, and the governing bodies of the cities and counties purchasing or acquiring land for joi…

After acquiring and planning such cemetery or cemeteries, the circuit court of the county wherein the cemetery is located shall appoint not less than five nor more than nine trustees, who shall reside in the city or county, for the purpose of managing and controlling such cemeter…

The trustees shall, upon delivery of a deed for any lot or portion thereof, except a pauper lot, collect the purchase price and pay it to the designated treasurer of either the county or city establishing the cemetery. The amounts received from the sale of lots or portions thereo…

No disposition of property heretofore or hereafter made for the maintenance or care of any cemetery, burial ground, burial lot in a cemetery, or monument, or other erections about such cemetery or burial lot, shall fail by reason of such disposition having been made in perpetuity…

Any cemetery company chartered under the laws of the Commonwealth, or a church, or any trustees holding title to a cemetery, or burial ground, may take and hold any property granted, bequeathed, devised, or given upon trust to apply its income to the improvement, repair, or embel…

Nothing contained in this article shall be construed as limiting the amount which may be given, bequeathed or devised to defray the original cost of the cemetery, burial lot, monument, vault or other like erection or structure, nor shall this article be construed as affecting any…

The board of directors of any incorporated cemetery company may by bylaw establish a trusteeship for holding and administering all funds paid to such cemetery company for the perpetual care of any lot or lots in the cemetery conducted by the company, and such trusteeship, once es…

As used in this article, unless the context requires a different meaning: "Previously unidentified cemetery" means a cemetery that, notwithstanding the fact that it is known to researchers, members of the community, or descendants of those buried there, has not been identified in…

Notwithstanding the exemptions provided for in § 54.1-2312, a cemetery operated by a county or city shall keep accurate records of the ownership of cemetery lots and shall make a good faith effort to ensure, prior to interment, that the ownership of a cemetery lot is vested in th…

A. No cemetery owned by a county or city shall be sold to a private owner unless the county or city has made a good faith effort to ensure, prior to sale, that the ownership of such cemetery is vested in the estate of the last owner of record or that permission for the sale has b…

A. When a graveyard, wholly or partly within any locality, has been abandoned, is unused and neglected by the owners, or is a previously unidentified graveyard, and such graveyard is necessary, in whole or in part, for public purposes, authorized by the charter of such locality, …

In the event that the proceeds from the condemnation are insufficient to defray the costs of the suit and removal, and reinterment of the remains, then the additional amount necessary therefor shall be paid by the county, city or town instituting the suit. If, after the payment o…

Sections 57-36 and 57-37 shall not apply to any graveyard or cemetery owned by a church, or controlled by trustees, in which sections are sold.

The owner of any land on which is located a previously unidentified graveyard or an abandoned family graveyard, and there has been no reservation of rights in such graveyard, or when the beneficiaries of any reservations of rights desire to waive such rights, and in which no body…

Any heir at law or descendant of a deceased person interred in a previously unidentified graveyard or an abandoned family graveyard in which no body has been interred for 25 years may file a bill in equity in the circuit court of the county or city wherein the land is located for…

When the owners of a graveyard, or the trustees of a graveyard left in trust, by reason of the infancy or the disability of any of them or by reason of their being numerous or partly unknown, or of the residence of any of them being unknown, cannot or cannot conveniently unite in…

When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, so that it is unsightly and thereby lessens the desirability and value of adjacent land, and the owners f…

A. When interment rights that have been granted by the owner of a cemetery are not used for a period of 50 years or more, they shall be deemed abandoned and revert to the owner of the cemetery, provided he has complied with the provisions of subsections B, C, and D. For the purpo…

A. When a graveyard, wholly or partly within any locality, 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 owner of adjacent land or an incorporated nonprofit entity may petiti…

The ownership of or right or interest in any unoccupied cemetery lot in any cemetery located in any city or in any town in the Counties of Scott and Wythe, or in any town in any county having the urban county executive form of government, which cemetery is under the ownership and…

Any city, town, corporation, association, or trustees having ownership and charge of a cemetery that is located in a city, or town in a county, as provided in § 57-39.2, may file a petition in the circuit court within whose jurisdiction the cemetery is situated, setting forth its…

At least 20 days before the date fixed for the hearing, a notice declaring that the unoccupied cemetery lot has been presumed to be abandoned and setting forth the date fixed for the hearing shall be (i)(a) served personally upon the recorded owner thereof, or his heirs, if the r…

At the hearing authorized by § 57-39.4, the proofs of the parties or the petition in the event of the failure of the recorded owner or his heirs to appear and answer shall be presented, and the court shall determine if the unoccupied cemetery lot set forth in the petition has bee…

At any time after entry of the decree adjudicating any unoccupied cemetery lot to be abandoned pursuant to § 57-39.5, the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot may sell such lot in accordance with the…

Sections 57-39.2 through 57-39.6 shall be construed to apply to and authorize a determination of abandonment of any unoccupied part of a cemetery lot. In any proceeding to determine the abandonment of an unoccupied part of a cemetery lot, the court shall also determine what part,…

The provisions of §§ 54.1-2818.1 through 54.1-2818.3 shall apply to the cremation of any dead human body.

As used in this article, unless the context requires a different meaning: "Burial right" means the right of interment. "Interment" means the disposition of pet remains by earth burial, entombment in a mausoleum, or inurnment in a columbarium. "Operator" means any person engaged i…

The owner of any land used or to be used as a pet cemetery shall file in the office of the clerk of the circuit court for the locality where the land is located a declaration restricting the use of the land to use as a pet cemetery. The owner shall execute the declaration in the …

A. Effective July 1, 1996, it shall be unlawful to sell or offer for sale in the Commonwealth any burial right in a pet cemetery, and in connection therewith to represent to the public, in any manner, express or implied, that the entire pet cemetery or any burial or interment rig…

It shall be the duty of a purchaser of a burial right in a pet cemetery to notify the operator of a change in address.

A. After a declaration has been filed pursuant to § 57-39.21, the restriction may be removed in accordance with this section by order of the circuit court for the locality where the land is located in a proceeding brought by the pet cemetery owner or his heirs or assigns. B. The …

It shall be unlawful for any person to violate the provisions of § 57-39.22 of this article. Any such violation shall be deemed a Class 3 misdemeanor, and any person convicted of such violation shall be punished in accordance with the provisions of § 18.2-11.