{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-38.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-38.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-38.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-38.1.html"}],"law_id":67509,"edition_id":1,"section_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","history":"1966, c. 444; 1970, c. 377; 2014, c. 588; 2019, c. 195.","full_text":"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 has been interred for twenty-five years may file a bill in equity in the circuit court of the county or in the circuit or corporation court wherein such land is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository. To such bill all persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties be unknown, the plaintiffs shall undertake active, good faith efforts to locate interested parties including, at a 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. In addition, the plaintiff 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. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal made and the remains properly deposited in another place, at the expense of the petitioner. Such removal and reinterment shall be done with due care and decency.\n\t\tIn determining the question of removal the court shall consider the historical significance of such graveyard and shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation of rights to waive such reservation of rights in favor of removal, and so considering shall exercise a sound discretion in granting or refusing the relief prayed for.","order_by":null,"text":{"0":{"id":244597,"text":"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 has been interred for twenty-five years may file a bill in equity in the circuit court of the county or in the circuit or corporation court wherein such land is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository. To such bill all persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties be unknown, the plaintiffs shall undertake active, good faith efforts to locate interested parties including, at a 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. In addition, the plaintiff 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. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal made and the remains properly deposited in another place, at the expense of the petitioner. Such removal and reinterment shall be done with due care and decency.\n\t\tIn determining the question of removal the court shall consider the historical significance of such graveyard and shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation of rights to waive such reservation of rights in favor of removal, and so considering shall exercise a sound discretion in granting or refusing the relief prayed for.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-38.1\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 444 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. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1970, chapter 377; in 2014, chapter 588<\/a>; in 2019, chapter 195<\/a>.<\/p>","references":[{"id":77363,"section_number":"10.1-2305","catch_line":"Permit required for the archaeological excavation of human remains","order_by":null,"url":"\/10.1-2305\/"},{"id":69202,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","order_by":null,"url":"\/57-27.1_1\/"}],"refers_to":false,"permalink":{"id":251747,"object_type":"law","relational_id":67509,"identifier":"57-38.1","token":"57\/3\/4\/57-38.1","url":"\/57-38.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-38.1\/","token":"57\/3\/4\/57-38.1","dublin_core":{"Title":"Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-38.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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<\/span> such rights, and in which no body has been interred for twenty-five years may file a bill in equity<\/span> in the circuit<\/span> court<\/span> of the county or in the circuit<\/span> or corporation court<\/span> wherein such land is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository. To such bill all persons in interest, known or unknown, other than the plaintiffs<\/span> shall be duly made defendants<\/span>. If any of such parties be unknown, the plaintiffs<\/span> shall undertake active, good faith efforts to locate interested parties including, at a 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. In addition, the plaintiff<\/span> 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. Upon the case being properly matured for hearing<\/span>, and proof being made of the propriety of the removal, the court<\/span> may order<\/span> the removal made and the remains properly deposited in another place, at the expense of the petitioner. Such removal and reinterment shall be done with due care and decency.\n\t\tIn determining the question of removal the court<\/span> shall consider the historical significance of such graveyard and shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation of rights to waive<\/span> such reservation of rights in favor of removal, and so considering shall exercise a sound discretion in granting or refusing the relief prayed for.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS BY LANDOWNER FOR REMOVAL OF REMAINS FROM PREVIOUSLY UNIDENTIFIED OR\nABANDONED FAMILY GRAVEYARD (\u00a7 57-38.1)\n\nThe owner of any land on which is located a previously unidentified graveyard or\nan abandoned family graveyard, and there has been no reservation of rights in\nsuch graveyard, or when the beneficiaries of any reservations of rights desire\nto waive such rights, and in which no body has been interred for twenty-five\nyears may file a bill in equity in the circuit court of the county or in the\ncircuit or corporation court wherein such land is located for the purpose of\nhaving the remains interred in such graveyard removed to some more suitable\nrepository. To such bill all persons in interest, known or unknown, other than\nthe plaintiffs shall be duly made defendants. If any of such parties be unknown,\nthe plaintiffs shall undertake active, good faith efforts to locate interested\nparties including, at a minimum, publication of at least one notice in a local\nnewspaper of general circulation, notice posted at the site of the graveyard,\nand notice to and consultation with any historic preservation or other such\ncommission, as well as area historical and genealogical societies. In addition,\nthe plaintiff is encouraged to post such notice on the Internet, including\nappropriate websites and through the use of social media, and to consult with\nthe Virginia Department of Historic Resources. Upon the case being properly\nmatured for hearing, and proof being made of the propriety of the removal, the\ncourt may order the removal made and the remains properly deposited in another\nplace, at the expense of the petitioner. Such removal and reinterment shall be\ndone with due care and decency.\n\t\tIn determining the question of removal the court shall consider the historical\nsignificance of such graveyard and shall consider as well the wishes of the\nparties concerned so far as they are brought to its knowledge, including the\ndesire of any beneficiaries of any reservation of rights to waive such\nreservation of rights in favor of removal, and so considering shall exercise a\nsound discretion in granting or refusing the relief prayed for.\n\nHISTORY: 1966, c. 444; 1970, c. 377; 2014, c. 588; 2019, c. 195.","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}}