{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-26.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-26.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-26.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-26.html"}],"law_id":60699,"edition_id":1,"section_id":60699,"structure_id":14956,"section_number":"57-26","catch_line":"Restrictions as to location of cemeteries and as to quantity of land","history":"Code 1919, \u00a7 56; 1926, p. 866; 1934, p. 13; 1942, p. 102; 1944, p. 462; 1948, p. 492; 1952, c. 108; 1954, c. 10; 1960, c. 161; 1994, c. 229.","full_text":"1\n\nRestrictions 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; provided that authorization by county ordinance shall not be required for interment of the dead in any churchyard or for interment of members of a family on private property; nor shall any cemetery be established within 250 yards of any residence without the consent of the owner of the legal and equitable title of the residence; provided that subject to the foregoing if the location for the proposed cemetery is separated from any residence by a state highway, it may be established upon such location without the consent of the owner of such residence if it be not less than 250′ from the residence at its nearest point thereto; provided such prohibition and restriction shall not apply where the tract of land intended for use as a cemetery is separated from any residence by a state highway and now contains a public or private burial ground and is not within the corporate limits of any city or town; and no cemetery shall be hereafter established, and no burial made in any part of any cemetery, other than a municipal or city cemetery, located within 300 yards of any property owned by any city, town or water company, upon which or a portion of which are now located driven wells from which water is pumped or drawn from the ground in connection with the public water supply.2\n\nQuantity of land. — Nothing contained in §§ 57-22 to 57-25 shall be so construed as to authorize a conveyance of more than 300 acres or the condemnation of more than 2 acres of land for the use of a cemetery.3\n\nAction for damages. — When damage is done to adjacent land by the establishment of such cemetery, whether established by purchase or condemnation, the owners whose lands have been damaged shall have a right to action for such damage against any person, firm, corporation, or municipality, establishing the cemetery; provided such action be instituted within one year from such establishment.4\n\nExceptions. — The prohibitions and restrictions as to the location or establishment of cemeteries shall not apply to the town of Stuart, in Patrick County, to the town of Gretna, in Pittsylvania County, to the town of Shenandoah in Page County, or to the Woodbine Cemetery in the city of Harrisonburg, Rockingham County. And if the location for the proposed cemetery be in Norfolk County it may be established on such location if consent thereto be given by the owners of every residence within 250′ thereof at its nearest point to any such residence, or if the location for the proposed cemetery is separated from any such residence by a state highway it may be established upon such location without the consent of the owner of such residence if it be not less than 150′ from the residence at its nearest point thereto.","order_by":null,"text":{"0":{"id":221887,"text":"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; provided that authorization by county ordinance shall not be required for interment of the dead in any churchyard or for interment of members of a family on private property; nor shall any cemetery be established within 250 yards of any residence without the consent of the owner of the legal and equitable title of the residence; provided that subject to the foregoing if the location for the proposed cemetery is separated from any residence by a state highway, it may be established upon such location without the consent of the owner of such residence if it be not less than 250′ from the residence at its nearest point thereto; provided such prohibition and restriction shall not apply where the tract of land intended for use as a cemetery is separated from any residence by a state highway and now contains a public or private burial ground and is not within the corporate limits of any city or town; and no cemetery shall be hereafter established, and no burial made in any part of any cemetery, other than a municipal or city cemetery, located within 300 yards of any property owned by any city, town or water company, upon which or a portion of which are now located driven wells from which water is pumped or drawn from the ground in connection with the public water supply.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":221888,"text":"Quantity of land. — Nothing contained in §§ 57-22 to 57-25 shall be so construed as to authorize a conveyance of more than 300 acres or the condemnation of more than 2 acres of land for the use of a cemetery.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":221889,"text":"Action for damages. — When damage is done to adjacent land by the establishment of such cemetery, whether established by purchase or condemnation, the owners whose lands have been damaged shall have a right to action for such damage against any person, firm, corporation, or municipality, establishing the cemetery; provided such action be instituted within one year from such establishment.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":221890,"text":"Exceptions. — The prohibitions and restrictions as to the location or establishment of cemeteries shall not apply to the town of Stuart, in Patrick County, to the town of Gretna, in Pittsylvania County, to the town of Shenandoah in Page County, or to the Woodbine Cemetery in the city of Harrisonburg, Rockingham County. And if the location for the proposed cemetery be in Norfolk County it may be established on such location if consent thereto be given by the owners of every residence within 250′ thereof at its nearest point to any such residence, or if the location for the proposed cemetery is separated from any such residence by a state highway it may be established upon such location without the consent of the owner of such residence if it be not less than 150′ from the residence at its nearest point thereto.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14956,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13325,"metadata":{},"date_created":"2026-06-26 03:51:04","date_modified":"2026-06-26 03:51:04","permalink":{"id":251627,"object_type":"structure","relational_id":14956,"identifier":"1","token":"57\/3\/1","url":"\/57\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13325,"edition_id":1,"name":"Cemeteries","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13324,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251625,"object_type":"structure","relational_id":13325,"identifier":"3","token":"57\/3","url":"\/57\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13324,"edition_id":1,"name":"Religious and Charitable Matters; Cemeteries","identifier":"57","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251501,"object_type":"structure","relational_id":13324,"identifier":"57","token":"57","url":"\/57\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57062,"structure_id":14956,"section_number":"57-22","catch_line":"Conveyance of land to trustees or local governing body for cemetery use","url":"\/57-22\/","token":"57\/3\/1\/57-22","metadata":false},{"id":75845,"structure_id":14956,"section_number":"57-23","catch_line":"Appointment, change or removal of trustees","url":"\/57-23\/","token":"57\/3\/1\/57-23","metadata":false},{"id":83621,"structure_id":14956,"section_number":"57-24","catch_line":"Powers and duties of trustees","url":"\/57-24\/","token":"57\/3\/1\/57-24","metadata":false},{"id":82765,"structure_id":14956,"section_number":"57-24.1","catch_line":"Trustee for purpose of suit","url":"\/57-24.1\/","token":"57\/3\/1\/57-24.1","metadata":false},{"id":70148,"structure_id":14956,"section_number":"57-25","catch_line":"Condemnation of land for cemeteries","url":"\/57-25\/","token":"57\/3\/1\/57-25","metadata":false},{"id":60699,"structure_id":14956,"section_number":"57-26","catch_line":"Restrictions as to location of cemeteries and as to quantity of land","url":"\/57-26\/","token":"57\/3\/1\/57-26","metadata":false},{"id":62251,"structure_id":14956,"section_number":"57-27","catch_line":"City of Richmond may prohibit burials in certain cemeteries","url":"\/57-27\/","token":"57\/3\/1\/57-27","metadata":false},{"id":82684,"structure_id":14956,"section_number":"57-27.1","catch_line":"Access to cemeteries located on private property; cause of action for injunctive relief; applicability","url":"\/57-27.1\/","token":"57\/3\/1\/57-27.1","metadata":false},{"id":69202,"structure_id":14956,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","url":"\/57-27.1_1\/","token":"57\/3\/1\/57-27.1_1","metadata":false},{"id":78404,"structure_id":14956,"section_number":"57-27.2","catch_line":"Correction of interment errors","url":"\/57-27.2\/","token":"57\/3\/1\/57-27.2","metadata":false},{"id":61241,"structure_id":14956,"section_number":"57-27.3","catch_line":"Authorization for interment","url":"\/57-27.3\/","token":"57\/3\/1\/57-27.3","metadata":false}],"previous_section":{"id":70148,"structure_id":14956,"section_number":"57-25","catch_line":"Condemnation of land for cemeteries","url":"\/57-25\/","token":"57\/3\/1\/57-25","metadata":false},"next_section":{"id":62251,"structure_id":14956,"section_number":"57-27","catch_line":"City of Richmond may prohibit burials in certain cemeteries","url":"\/57-27\/","token":"57\/3\/1\/57-27","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-26\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 108; in 1954, chapter 10; in 1960, chapter 161; in 1994, chapter 229<\/a>.<\/p>","references":false,"refers_to":[{"id":57062,"section_number":"57-22","catch_line":"Conveyance of land to trustees or local governing body for cemetery use","order_by":null,"url":"\/57-22\/"},{"id":70148,"section_number":"57-25","catch_line":"Condemnation of land for cemeteries","order_by":null,"url":"\/57-25\/"}],"permalink":{"id":251649,"object_type":"law","relational_id":60699,"identifier":"57-26","token":"57\/3\/1\/57-26","url":"\/57-26\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-26\/","token":"57\/3\/1\/57-26","dublin_core":{"Title":"Restrictions as to location of cemeteries and as to quantity of land","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-26","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> 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<\/span> subject to any zoning ordinance<\/span> duly adopted by the governing body of such county, city or town; provided that authorization by county ordinance<\/span> shall not be required for interment of the dead in any churchyard or for interment of members of a family on private property; nor shall any cemetery be established within 250 yards of any residence without the consent of the owner of the legal and equitable<\/span> title of the residence; provided that subject to the foregoing if the location for the proposed cemetery is separated from any residence by a state highway, it may be established upon such location without the consent of the owner of such residence if it be not less than 250′ from the residence at its nearest point thereto; provided such prohibition and restriction shall not apply where the tract of land intended for use as a cemetery is separated from any residence by a state highway and now contains a public or private burial ground and is not within the corporate limits of any city or town; and no cemetery shall be hereafter established, and no burial made in any part of any cemetery, other than a municipal or city cemetery, located within 300 yards of any property owned by any city, town or water company, upon which or a portion of which are now located driven wells from which water is pumped or drawn from the ground in connection with the public water supply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Quantity of land. — Nothing contained in §§ 57-22<\/a> to 57-25<\/a> shall be so construed as to authorize a conveyance of more than 300 acres or the condemnation of more than 2 acres of land for the use of a cemetery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Action for damages<\/span>. — When damage is done to adjacent land by the establishment of such cemetery, whether established by purchase or condemnation, the owners whose lands have been damaged shall have a right to action for such damage against any person, firm, corporation, or municipality, establishing the cemetery; provided such action be instituted within one year from such establishment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Exceptions. — The prohibitions and restrictions as to the location or establishment of cemeteries shall not apply to the town of Stuart, in Patrick County, to the town of Gretna, in Pittsylvania County, to the town of Shenandoah in Page County, or to the Woodbine Cemetery in the city of Harrisonburg, Rockingham County. And if the location for the proposed cemetery be in Norfolk County it may be established on such location if consent thereto be given by the owners of every residence within 250′ thereof at its nearest point to any such residence, or if the location for the proposed cemetery is separated from any such residence by a state highway it may be established upon such location without the consent of the owner of such residence if it be not less than 150′ from the residence at its nearest point thereto. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTRICTIONS AS TO LOCATION OF CEMETERIES AND AS TO QUANTITY OF LAND (\u00a7 57-26)\n\n1. Restrictions as to location. — No cemetery shall be hereafter\nestablished within a county or the corporate limits of any city or town, unless\nauthorized by appropriate ordinance subject to any zoning ordinance duly adopted\nby the governing body of such county, city or town; provided that authorization\nby county ordinance shall not be required for interment of the dead in any\nchurchyard or for interment of members of a family on private property; nor\nshall any cemetery be established within 250 yards of any residence without the\nconsent of the owner of the legal and equitable title of the residence; provided\nthat subject to the foregoing if the location for the proposed cemetery is\nseparated from any residence by a state highway, it may be established upon such\nlocation without the consent of the owner of such residence if it be not less\nthan 250′ from the residence at its nearest point thereto; provided such\nprohibition and restriction shall not apply where the tract of land intended for\nuse as a cemetery is separated from any residence by a state highway and now\ncontains a public or private burial ground and is not within the corporate\nlimits of any city or town; and no cemetery shall be hereafter established, and\nno burial made in any part of any cemetery, other than a municipal or city\ncemetery, located within 300 yards of any property owned by any city, town or\nwater company, upon which or a portion of which are now located driven wells\nfrom which water is pumped or drawn from the ground in connection with the\npublic water supply.\n\n2. Quantity of land. — Nothing contained in §§ 57-22 to 57-25\nshall be so construed as to authorize a conveyance of more than 300 acres or the\ncondemnation of more than 2 acres of land for the use of a cemetery.\n\n3. Action for damages. — When damage is done to adjacent land by the\nestablishment of such cemetery, whether established by purchase or condemnation,\nthe owners whose lands have been damaged shall have a right to action for such\ndamage against any person, firm, corporation, or municipality, establishing the\ncemetery; provided such action be instituted within one year from such\nestablishment.\n\n4. Exceptions. — The prohibitions and restrictions as to the location or\nestablishment of cemeteries shall not apply to the town of Stuart, in Patrick\nCounty, to the town of Gretna, in Pittsylvania County, to the town of Shenandoah\nin Page County, or to the Woodbine Cemetery in the city of Harrisonburg,\nRockingham County. And if the location for the proposed cemetery be in Norfolk\nCounty it may be established on such location if consent thereto be given by the\nowners of every residence within 250′ thereof at its nearest point to any\nsuch residence, or if the location for the proposed cemetery is separated from\nany such residence by a state highway it may be established upon such location\nwithout the consent of the owner of such residence if it be not less than\n150′ from the residence at its nearest point thereto.\n\nHISTORY: Code 1919, \u00a7 56; 1926, p. 866; 1934, p. 13; 1942, p. 102; 1944, p.\n462; 1948, p. 492; 1952, c. 108; 1954, c. 10; 1960, c. 161; 1994, c. 229.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}