{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-27.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-27.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-27.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-27.1_1.html"}],"law_id":69202,"edition_id":1,"section_id":69202,"structure_id":14956,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","history":"2024, c. 767; 2025, c. 324.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“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 the Constitution of Virginia.\n\t\t\t“Immediate family member or descendant” means a spouse, child, parent, sibling, grandchild, grandparent, and parent-in-law of a deceased person buried in a family cemetery.\n\t\t\t“Interment” means the same as that term is defined in § 54.1-2310.B\n\nAny immediate family member or descendant of a deceased person who died prior to July 1, 2024, and is buried in an identified family cemetery located on (i) private property owned by someone other than such immediate family member or descendant or (ii) public property owned by a locality or held in trust for such a locality may petition the circuit court of the county or city wherein the property is located for interment rights upon such property. Those seeking interment rights shall be considered within the existing perimeter of a family cemetery. The perimeter of a family cemetery shall be determined by a survey agreed upon by the petitioner and the property owner. The surveying costs, including the cost of the survey and of preparing the original and one copy of the plat, shall be shared equally by the petitioner and the property owner.C\n\nUpon satisfactory showing of proof of kinship, the court shall award the immediate family member or descendant interment rights upon such property. Such immediate family member or descendant shall, in addition to the rights provided for in § 57-27.1, have interment rights concerning himself and other immediate family members and descendants. The immediate family member or descendant may prove kinship to a deceased person buried in the family cemetery by proffering official documentation or evidence of kinship or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased family person, family photographs, or other official or nonofficial documentation deemed by the court to be reliable.D\n\nThe court may order the petitioner to pay the reasonable costs and fees of the cemetery property owner incurred pursuant to an action under this section.E\n\nThe provisions of this section shall not apply to any cemetery, mausoleum, columbarium, or similar interment facility located on the property of any church or religious association, denomination, or body. For purposes of this subsection, the property of any church or religious association, denomination, or body owned or leased by (i) an incorporated church or religious body or corporation, as described in § 57-16.1; (ii) a duly designated ecclesiastical officer; or (iii) a trustee of an unincorporated church or religious body shall be deemed to be owned by such church or religious association, denomination, or body.F\n\nNothing in this section shall be construed to prohibit a property owner from petitioning a circuit court for removal of remains from a previously unidentified graveyard or an abandoned family graveyard as permitted by § 57-38.1.","order_by":null,"text":{"0":{"id":250379,"text":"For purposes of this section:\n\t\t\t“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 the Constitution of Virginia.\n\t\t\t“Immediate family member or descendant” means a spouse, child, parent, sibling, grandchild, grandparent, and parent-in-law of a deceased person buried in a family cemetery.\n\t\t\t“Interment” means the same as that term is defined in § 54.1-2310.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250380,"text":"Any immediate family member or descendant of a deceased person who died prior to July 1, 2024, and is buried in an identified family cemetery located on (i) private property owned by someone other than such immediate family member or descendant or (ii) public property owned by a locality or held in trust for such a locality may petition the circuit court of the county or city wherein the property is located for interment rights upon such property. Those seeking interment rights shall be considered within the existing perimeter of a family cemetery. The perimeter of a family cemetery shall be determined by a survey agreed upon by the petitioner and the property owner. The surveying costs, including the cost of the survey and of preparing the original and one copy of the plat, shall be shared equally by the petitioner and the property owner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250381,"text":"Upon satisfactory showing of proof of kinship, the court shall award the immediate family member or descendant interment rights upon such property. Such immediate family member or descendant shall, in addition to the rights provided for in § 57-27.1, have interment rights concerning himself and other immediate family members and descendants. The immediate family member or descendant may prove kinship to a deceased person buried in the family cemetery by proffering official documentation or evidence of kinship or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased family person, family photographs, or other official or nonofficial documentation deemed by the court to be reliable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250382,"text":"The court may order the petitioner to pay the reasonable costs and fees of the cemetery property owner incurred pursuant to an action under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":250383,"text":"The provisions of this section shall not apply to any cemetery, mausoleum, columbarium, or similar interment facility located on the property of any church or religious association, denomination, or body. For purposes of this subsection, the property of any church or religious association, denomination, or body owned or leased by (i) an incorporated church or religious body or corporation, as described in § 57-16.1; (ii) a duly designated ecclesiastical officer; or (iii) a trustee of an unincorporated church or religious body shall be deemed to be owned by such church or religious association, denomination, or body.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":250384,"text":"Nothing in this section shall be construed to prohibit a property owner from petitioning a circuit court for removal of remains from a previously unidentified graveyard or an abandoned family graveyard as permitted by § 57-38.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-27.1:1\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 767<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2025, chapter 324<\/a>.<\/p>","references":false,"refers_to":[{"id":72450,"section_number":"57-16.1","catch_line":"Property of unincorporated church held by corporation","order_by":null,"url":"\/57-16.1\/"},{"id":82684,"section_number":"57-27.1","catch_line":"Access to cemeteries located on private property; cause of action for injunctive relief; applicability","order_by":null,"url":"\/57-27.1\/"},{"id":67509,"section_number":"57-38.1","catch_line":"Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard","order_by":null,"url":"\/57-38.1\/"}],"permalink":{"id":251661,"object_type":"law","relational_id":69202,"identifier":"57-27.1:1","token":"57\/3\/1\/57-27.1_1","url":"\/57-27.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-27.1_1\/","token":"57\/3\/1\/57-27.1_1","dublin_core":{"Title":"Family cemeteries; interment rights of immediate family members and descendants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-27.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Family cemetery<\/span>” 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 the Constitution of Virginia.\n\t\t\t“Immediate family member or descendant<\/span>” means a spouse, child, parent, sibling, grandchild, grandparent, and parent-in-law<\/span> of a deceased person buried in a family cemetery<\/span>.\n\t\t\t“Interment<\/span>” means the same as that term is defined in § 54.1-2310<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any immediate family member or descendant<\/span> of a deceased person who died prior to July 1, 2024, and is buried in an identified family cemetery<\/span> located on (i) private property owned by someone other than such immediate family member or descendant<\/span> or (ii) public property owned by a locality or held in trust for such a locality may petition<\/span> the circuit<\/span> court<\/span> of the county or city wherein the property is located for interment<\/span> rights upon such property. Those seeking interment<\/span> rights shall be considered within the existing perimeter of a family cemetery<\/span>. The perimeter of a family cemetery<\/span> shall be determined by a survey agreed upon by the petitioner and the property owner. The surveying costs, including the cost of the survey and of preparing the original and one copy of the plat, shall be shared equally by the petitioner and the property owner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon satisfactory showing of proof of kinship, the court<\/span> shall award the immediate family member or descendant<\/span> interment<\/span> rights upon such property. Such immediate family member or descendant<\/span> shall, in addition to the rights provided for in § 57-27.1<\/a>, have interment<\/span> rights concerning himself and other immediate family members and descendants. The immediate family member or descendant<\/span> may prove kinship to a deceased person buried in the family cemetery<\/span> by proffering official documentation or evidence<\/span> of kinship or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased family person, family photographs, or other official or nonofficial documentation deemed by the court<\/span> to be reliable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> may order<\/span> the petitioner to pay the reasonable costs and fees of the cemetery property owner incurred pursuant to an action under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to any cemetery, mausoleum, columbarium, or similar interment<\/span> facility located on the property of any church or religious association, denomination, or body. For purposes of this subsection, the property of any church or religious association, denomination, or body owned or leased by (i) an incorporated church or religious body or corporation, as described in § 57-16.1<\/a>; (ii) a duly designated ecclesiastical officer; or (iii) a trustee of an unincorporated church or religious body shall be deemed to be owned by such church or religious association, denomination, or body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to prohibit a property owner from petitioning a circuit<\/span> court<\/span> for removal of remains from a previously unidentified graveyard or an abandoned family graveyard as permitted by § 57-38.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAMILY CEMETERIES; INTERMENT RIGHTS OF IMMEDIATE FAMILY MEMBERS AND DESCENDANTS\n(\u00a7 57-27.1:1)\n\nA. For purposes of this section:\n\t\t\t“Family cemetery” means a private burying ground or cemetery, not\noperated for profit, that contains a collection of graves of people who descend\nfrom the same immediate family and that is exempt from taxation pursuant to\nArticle X, § 6 (a) (3) of the Constitution of Virginia.\n\t\t\t“Immediate family member or descendant” means a spouse, child,\nparent, sibling, grandchild, grandparent, and parent-in-law of a deceased person\nburied in a family cemetery.\n\t\t\t“Interment” means the same as that term is defined in §\n54.1-2310.\n\nB. Any immediate family member or descendant of a deceased person who died prior\nto July 1, 2024, and is buried in an identified family cemetery located on (i)\nprivate property owned by someone other than such immediate family member or\ndescendant or (ii) public property owned by a locality or held in trust for such\na locality may petition the circuit court of the county or city wherein the\nproperty is located for interment rights upon such property. Those seeking\ninterment rights shall be considered within the existing perimeter of a family\ncemetery. The perimeter of a family cemetery shall be determined by a survey\nagreed upon by the petitioner and the property owner. The surveying costs,\nincluding the cost of the survey and of preparing the original and one copy of\nthe plat, shall be shared equally by the petitioner and the property owner.\n\nC. Upon satisfactory showing of proof of kinship, the court shall award the\nimmediate family member or descendant interment rights upon such property. Such\nimmediate family member or descendant shall, in addition to the rights provided\nfor in § 57-27.1, have interment rights concerning himself and other\nimmediate family members and descendants. The immediate family member or\ndescendant may prove kinship to a deceased person buried in the family cemetery\nby proffering official documentation or evidence of kinship or nonofficial\ndocumentation, such as obituaries, family Bibles or other documents with family\nsignatures, journals or letters of the deceased family person, family\nphotographs, or other official or nonofficial documentation deemed by the court\nto be reliable.\n\nD. The court may order the petitioner to pay the reasonable costs and fees of\nthe cemetery property owner incurred pursuant to an action under this section.\n\nE. The provisions of this section shall not apply to any cemetery, mausoleum,\ncolumbarium, or similar interment facility located on the property of any church\nor religious association, denomination, or body. For purposes of this\nsubsection, the property of any church or religious association, denomination,\nor body owned or leased by (i) an incorporated church or religious body or\ncorporation, as described in § 57-16.1; (ii) a duly designated\necclesiastical officer; or (iii) a trustee of an unincorporated church or\nreligious body shall be deemed to be owned by such church or religious\nassociation, denomination, or body.\n\nF. Nothing in this section shall be construed to prohibit a property owner from\npetitioning a circuit court for removal of remains from a previously\nunidentified graveyard or an abandoned family graveyard as permitted by §\n57-38.1.\n\nHISTORY: 2024, c. 767; 2025, c. 324.","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}}