{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-36.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-36.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-36.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-36.html"}],"law_id":85333,"edition_id":1,"section_id":85333,"structure_id":13326,"section_number":"57-36","catch_line":"Abandoned or previously unidentified graveyards may be condemned; removal of bodies","history":"Code 1919, \u00a7 54; 1985, c. 95; 2010, c. 617; 2014, c. 588; 2019, c. 195.","full_text":"A\n\nWhen 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, or by the general statutes providing for the government of localities, such locality may acquire title to such burying ground by condemnation proceedings, to be instituted and conducted in the manner and mode prescribed in the statutes providing for the exercise of the power of eminent domain by localities. The locality may continue to maintain all or a portion of the burying ground as a graveyard.B\n\nThe court taking jurisdiction of the case may, in its discretion, require the locality to acquire the whole burying ground, in which event the locality may use such part thereof as may be necessary for its purposes and sell the residue. The court, however, shall direct that the remains interred in such graveyard, if possible so to do, be removed to some repository used and maintained as a cemetery.C\n\nShould any locality, having acquired by any means land on which a previously unidentified or abandoned graveyard is located, including lands acquired in accordance with § 22.1-126.1 for educational purposes, initiate plans to use that land for purposes other than to maintain the graveyard, such locality shall, prior to completion of said plans, develop and engage in active public notice and participation regarding efforts to avoid adverse impacts to the graveyard or to remove the remains interred in such graveyard to an alternative repository. Such public notice and participation shall include, at minimum, publication of at least one notice in a local newspaper of general circulation, notice posted at the site of the graveyard, and notice to and consultation with any historic preservation or other such commission, as well as area historical and genealogical societies, and at least one public hearing. The locality shall make a good faith effort to identify and contact living descendants of the persons buried in the graveyard, if known. In addition, the locality is encouraged to post such notice on the Internet, including appropriate websites and through the use of social media, and to consult with the Virginia Department of Historic Resources. Having given all public comment due consideration, the locality is encouraged first to adjust plans to maintain the graveyard as part of the larger land use plan or, if that is not feasible, to request permission to proceed with removal through the court or through the Virginia Department of Historic Resources should archaeological removal be appropriate. In any event, any removal of remains should be given all due care and respect, as should the selection of and reburial in another cemetery. This requirement for public notice, consultation, consideration of comments, and following due process for removal of human remains shall apply in cases where the presence of a previously unidentified or abandoned graveyard is discovered during either the planning or construction phases of a project.D\n\nAny locality that has acquired by any means land on which a previously unidentified or abandoned cemetery or gravesite of any Virginian held as a slave at the time of his death is located shall notify the Virginia Department of Historic Resources of the location of such cemetery or gravesite. The Department shall record the location of the cemetery or gravesite. A listing of the locations of all previously unidentified or abandoned cemeteries and gravesites of Virginians held as slaves at the time of their deaths that have been provided to the Department shall be maintained by the Department as a public record.","order_by":null,"text":{"0":{"id":305713,"text":"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, or by the general statutes providing for the government of localities, such locality may acquire title to such burying ground by condemnation proceedings, to be instituted and conducted in the manner and mode prescribed in the statutes providing for the exercise of the power of eminent domain by localities. The locality may continue to maintain all or a portion of the burying ground as a graveyard.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305714,"text":"The court taking jurisdiction of the case may, in its discretion, require the locality to acquire the whole burying ground, in which event the locality may use such part thereof as may be necessary for its purposes and sell the residue. The court, however, shall direct that the remains interred in such graveyard, if possible so to do, be removed to some repository used and maintained as a cemetery.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305715,"text":"Should any locality, having acquired by any means land on which a previously unidentified or abandoned graveyard is located, including lands acquired in accordance with § 22.1-126.1 for educational purposes, initiate plans to use that land for purposes other than to maintain the graveyard, such locality shall, prior to completion of said plans, develop and engage in active public notice and participation regarding efforts to avoid adverse impacts to the graveyard or to remove the remains interred in such graveyard to an alternative repository. Such public notice and participation shall include, at minimum, publication of at least one notice in a local newspaper of general circulation, notice posted at the site of the graveyard, and notice to and consultation with any historic preservation or other such commission, as well as area historical and genealogical societies, and at least one public hearing. The locality shall make a good faith effort to identify and contact living descendants of the persons buried in the graveyard, if known. In addition, the locality is encouraged to post such notice on the Internet, including appropriate websites and through the use of social media, and to consult with the Virginia Department of Historic Resources. Having given all public comment due consideration, the locality is encouraged first to adjust plans to maintain the graveyard as part of the larger land use plan or, if that is not feasible, to request permission to proceed with removal through the court or through the Virginia Department of Historic Resources should archaeological removal be appropriate. In any event, any removal of remains should be given all due care and respect, as should the selection of and reburial in another cemetery. This requirement for public notice, consultation, consideration of comments, and following due process for removal of human remains shall apply in cases where the presence of a previously unidentified or abandoned graveyard is discovered during either the planning or construction phases of a project.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305716,"text":"Any locality that has acquired by any means land on which a previously unidentified or abandoned cemetery or gravesite of any Virginian held as a slave at the time of his death is located shall notify the Virginia Department of Historic Resources of the location of such cemetery or gravesite. The Department shall record the location of the cemetery or gravesite. A listing of the locations of all previously unidentified or abandoned cemeteries and gravesites of Virginians held as slaves at the time of their deaths that have been provided to the Department shall be maintained by the Department as a public record.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13326,"edition_id":1,"name":"Abandonment; Removal of Remains","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13325,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251721,"object_type":"structure","relational_id":13326,"identifier":"4","token":"57\/3\/4","url":"\/57\/3\/4\/","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":77722,"structure_id":13326,"section_number":"57-35.35:1","catch_line":"Definitions","url":"\/57-35.35_1\/","token":"57\/3\/4\/57-35.35_1","metadata":false},{"id":85948,"structure_id":13326,"section_number":"57-35.36","catch_line":"Cemeteries owned by localities; good faith effort required prior to interment","url":"\/57-35.36\/","token":"57\/3\/4\/57-35.36","metadata":false},{"id":70710,"structure_id":13326,"section_number":"57-35.37","catch_line":"Sale of cemeteries owned by a locality; required notice to descendants of original owner","url":"\/57-35.37\/","token":"57\/3\/4\/57-35.37","metadata":false},{"id":85333,"structure_id":13326,"section_number":"57-36","catch_line":"Abandoned or previously unidentified graveyards may be condemned; removal of bodies","url":"\/57-36\/","token":"57\/3\/4\/57-36","metadata":false},{"id":64086,"structure_id":13326,"section_number":"57-37","catch_line":"Costs of suits, removal and reinterment; how surplus above costs disposed of","url":"\/57-37\/","token":"57\/3\/4\/57-37","metadata":false},{"id":82883,"structure_id":13326,"section_number":"57-38","catch_line":"Exemption from \u00a7\u00a7 57-36 and 57-37","url":"\/57-38\/","token":"57\/3\/4\/57-38","metadata":false},{"id":67509,"structure_id":13326,"section_number":"57-38.1","catch_line":"Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard","url":"\/57-38.1\/","token":"57\/3\/4\/57-38.1","metadata":false},{"id":58701,"structure_id":13326,"section_number":"57-38.2","catch_line":"Proceedings by heir at law or descendant for removal of ancestor's remains from previously unidentified or abandoned family graveyard","url":"\/57-38.2\/","token":"57\/3\/4\/57-38.2","metadata":false},{"id":54311,"structure_id":13326,"section_number":"57-39","catch_line":"Proceedings for removal of remains and sale of land vacated","url":"\/57-39\/","token":"57\/3\/4\/57-39","metadata":false},{"id":78941,"structure_id":13326,"section_number":"57-39.1","catch_line":"Improvement of abandoned and neglected graveyards","url":"\/57-39.1\/","token":"57\/3\/4\/57-39.1","metadata":false},{"id":79977,"structure_id":13326,"section_number":"57-39.1:1","catch_line":"Recovery of abandoned interment rights; procedure; rights of owner of record","url":"\/57-39.1_1\/","token":"57\/3\/4\/57-39.1_1","metadata":false}],"previous_section":{"id":70710,"structure_id":13326,"section_number":"57-35.37","catch_line":"Sale of cemeteries owned by a locality; required notice to descendants of original owner","url":"\/57-35.37\/","token":"57\/3\/4\/57-35.37","metadata":false},"next_section":{"id":64086,"structure_id":13326,"section_number":"57-37","catch_line":"Costs of suits, removal and reinterment; how surplus above costs disposed of","url":"\/57-37\/","token":"57\/3\/4\/57-37","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-36\/","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 1985, chapter 95; in 2010, chapter 617<\/a>; in 2014, chapter 588<\/a>; in 2019, chapter 195<\/a>.<\/p>","references":[{"id":82883,"section_number":"57-38","catch_line":"Exemption from \u00a7\u00a7 57-36 and 57-37","order_by":null,"url":"\/57-38\/"}],"refers_to":[{"id":79875,"section_number":"22.1-126.1","catch_line":"Acquisition of property for educational purposes by counties, cities and towns","order_by":null,"url":"\/22.1-126.1\/"}],"permalink":{"id":251735,"object_type":"law","relational_id":85333,"identifier":"57-36","token":"57\/3\/4\/57-36","url":"\/57-36\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-36\/","token":"57\/3\/4\/57-36","dublin_core":{"Title":"Abandoned or previously unidentified graveyards may be condemned; removal of bodies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-36","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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, or by the general statutes<\/span> providing for the government of localities, such locality may acquire title to such burying ground by condemnation proceedings, to be instituted and conducted in the manner and mode prescribed in the statutes<\/span> providing for the exercise of the power of eminent domain by localities. The locality may continue to maintain all or a portion of the burying ground as a graveyard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> taking jurisdiction<\/span> of the case may, in its discretion, require the locality to acquire the whole burying ground, in which event the locality may use such part thereof as may be necessary for its purposes and sell the residue. The court<\/span>, however, shall direct that the remains interred in such graveyard, if possible so to do, be removed to some repository used and maintained as a cemetery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Should any locality, having acquired by any means land on which a previously unidentified or abandoned graveyard is located, including lands acquired in accordance with § 22.1-126.1<\/a> for educational purposes, initiate plans to use that land for purposes other than to maintain the graveyard, such locality shall, prior to completion of said plans, develop and engage in active public notice and participation regarding efforts to avoid adverse impacts to the graveyard or to remove the remains interred in such graveyard to an alternative repository. Such public notice and participation shall include, at minimum, publication of at least one notice in a local newspaper of general circulation, notice posted at the site of the graveyard, and notice to and consultation with any historic preservation or other such commission, as well as area historical and genealogical societies, and at least one public hearing<\/span>. The locality shall make a good faith effort to identify and contact living descendants of the persons buried in the graveyard, if known. In addition, the locality is encouraged to post such notice on the Internet, including appropriate websites and through the use of social media, and to consult with the Virginia Department of Historic Resources. Having given all public comment due consideration, the locality is encouraged first to adjust plans to maintain the graveyard as part of the larger land use plan or, if that is not feasible, to request permission to proceed with removal through the court<\/span> or through the Virginia Department of Historic Resources should archaeological removal be appropriate. In any event, any removal of remains should be given all due care and respect, as should the selection of and reburial in another cemetery. This requirement for public notice, consultation, consideration of comments, and following due process<\/span> for removal of human remains shall apply in cases where the presence of a previously unidentified or abandoned graveyard is discovered during either the planning or construction phases of a project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any locality that has acquired by any means land on which a previously unidentified or abandoned cemetery or gravesite of any Virginian held as a slave at the time of his death is located shall notify the Virginia Department of Historic Resources of the location of such cemetery or gravesite. The Department shall record the location of the cemetery or gravesite. A listing of the locations of all previously unidentified or abandoned cemeteries and gravesites of Virginians held as slaves at the time of their deaths that have been provided to the Department shall be maintained by the Department as a public record. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABANDONED OR PREVIOUSLY UNIDENTIFIED GRAVEYARDS MAY BE CONDEMNED; REMOVAL OF\nBODIES (\u00a7 57-36)\n\nA. When a graveyard, wholly or partly within any locality, has been abandoned,\nis unused and neglected by the owners, or is a previously unidentified\ngraveyard, and such graveyard is necessary, in whole or in part, for public\npurposes, authorized by the charter of such locality, or by the general statutes\nproviding for the government of localities, such locality may acquire title to\nsuch burying ground by condemnation proceedings, to be instituted and conducted\nin the manner and mode prescribed in the statutes providing for the exercise of\nthe power of eminent domain by localities. The locality may continue to maintain\nall or a portion of the burying ground as a graveyard.\n\nB. The court taking jurisdiction of the case may, in its discretion, require the\nlocality to acquire the whole burying ground, in which event the locality may\nuse such part thereof as may be necessary for its purposes and sell the residue.\nThe court, however, shall direct that the remains interred in such graveyard, if\npossible so to do, be removed to some repository used and maintained as a\ncemetery.\n\nC. Should any locality, having acquired by any means land on which a previously\nunidentified or abandoned graveyard is located, including lands acquired in\naccordance with § 22.1-126.1 for educational purposes, initiate plans to\nuse that land for purposes other than to maintain the graveyard, such locality\nshall, prior to completion of said plans, develop and engage in active public\nnotice and participation regarding efforts to avoid adverse impacts to the\ngraveyard or to remove the remains interred in such graveyard to an alternative\nrepository. Such public notice and participation shall include, at minimum,\npublication of at least one notice in a local newspaper of general circulation,\nnotice posted at the site of the graveyard, and notice to and consultation with\nany historic preservation or other such commission, as well as area historical\nand genealogical societies, and at least one public hearing. The locality shall\nmake a good faith effort to identify and contact living descendants of the\npersons buried in the graveyard, if known. In addition, the locality is\nencouraged to post such notice on the Internet, including appropriate websites\nand through the use of social media, and to consult with the Virginia Department\nof Historic Resources. Having given all public comment due consideration, the\nlocality is encouraged first to adjust plans to maintain the graveyard as part\nof the larger land use plan or, if that is not feasible, to request permission\nto proceed with removal through the court or through the Virginia Department of\nHistoric Resources should archaeological removal be appropriate. In any event,\nany removal of remains should be given all due care and respect, as should the\nselection of and reburial in another cemetery. This requirement for public\nnotice, consultation, consideration of comments, and following due process for\nremoval of human remains shall apply in cases where the presence of a previously\nunidentified or abandoned graveyard is discovered during either the planning or\nconstruction phases of a project.\n\nD. Any locality that has acquired by any means land on which a previously\nunidentified or abandoned cemetery or gravesite of any Virginian held as a slave\nat the time of his death is located shall notify the Virginia Department of\nHistoric Resources of the location of such cemetery or gravesite. The Department\nshall record the location of the cemetery or gravesite. A listing of the\nlocations of all previously unidentified or abandoned cemeteries and gravesites\nof Virginians held as slaves at the time of their deaths that have been provided\nto the Department shall be maintained by the Department as a public record.\n\nHISTORY: Code 1919, \u00a7 54; 1985, c. 95; 2010, c. 617; 2014, c. 588; 2019, c.\n195.","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}}