{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-38.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-38.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-38.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-38.2.html"}],"law_id":58701,"edition_id":1,"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","history":"1990, c. 562; 2019, c. 195.","full_text":"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 the purpose of having the remains interred in the graveyard removed to some more suitable repository. The owner of the land, any beneficiaries of any reservation of rights, and all other persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties are unknown, notice may be given by order of publication. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal and the remains properly deposited in another place, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.\n\t\tThe bill may be filed and relief granted regardless of whether there has been a reservation of rights in the graveyard and regardless of whether the beneficiaries of any reservation of rights desire to waive their rights. In determining the question of removal, the court shall consider the historical significance of the graveyard and the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation in rights, and shall exercise sound discretion in granting or refusing the relief prayed for.","order_by":null,"text":{"0":{"id":215113,"text":"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 the purpose of having the remains interred in the graveyard removed to some more suitable repository. The owner of the land, any beneficiaries of any reservation of rights, and all other persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties are unknown, notice may be given by order of publication. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal and the remains properly deposited in another place, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.\n\t\tThe bill may be filed and relief granted regardless of whether there has been a reservation of rights in the graveyard and regardless of whether the beneficiaries of any reservation of rights desire to waive their rights. In determining the question of removal, the court shall consider the historical significance of the graveyard and the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation in rights, and shall exercise 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-38.2\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 562 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 1990 \u201cActs\u201d aren\u2019t available online. 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 2019, chapter 195<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":251751,"object_type":"law","relational_id":58701,"identifier":"57-38.2","token":"57\/3\/4\/57-38.2","url":"\/57-38.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-38.2\/","token":"57\/3\/4\/57-38.2","dublin_core":{"Title":"Proceedings by heir at law or descendant for removal of ancestor’s remains from previously unidentified or abandoned family graveyard","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-38.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any heir at law<\/span> 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<\/span> in the circuit<\/span> court<\/span> of the county or city wherein the land is located for the purpose of having the remains interred in the graveyard removed to some more suitable repository. The owner of the land, any beneficiaries of any reservation of rights, and all other persons in interest, known or unknown, other than the plaintiffs<\/span> shall be duly made defendants<\/span>. If any of such parties are unknown, notice may be given by order<\/span> of publication. 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 and the remains properly deposited in another place, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.\n\t\tThe bill may be filed and relief granted regardless of whether there has been a reservation of rights in the graveyard and regardless of whether the beneficiaries of any reservation of rights desire to waive<\/span> their rights. In determining the question of removal, the court<\/span> shall consider the historical significance of the graveyard and the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation in rights, and shall exercise sound discretion in granting or refusing the relief prayed for.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS BY HEIR AT LAW OR DESCENDANT FOR REMOVAL OF ANCESTOR’S REMAINS\nFROM PREVIOUSLY UNIDENTIFIED OR ABANDONED FAMILY GRAVEYARD (\u00a7 57-38.2)\n\nAny heir at law or descendant of a deceased person interred in a previously\nunidentified graveyard or an abandoned family graveyard in which no body has\nbeen interred for 25 years may file a bill in equity in the circuit court of the\ncounty or city wherein the land is located for the purpose of having the remains\ninterred in the graveyard removed to some more suitable repository. The owner of\nthe land, any beneficiaries of any reservation of rights, and all other persons\nin interest, known or unknown, other than the plaintiffs shall be duly made\ndefendants. If any of such parties are unknown, notice may be given by order of\npublication. Upon the case being properly matured for hearing, and proof being\nmade of the propriety of the removal, the court may order the removal and the\nremains properly deposited in another place, at the expense of the petitioner.\nThe removal and reinterment shall be done with due care and decency.\n\t\tThe bill may be filed and relief granted regardless of whether there has been\na reservation of rights in the graveyard and regardless of whether the\nbeneficiaries of any reservation of rights desire to waive their rights. In\ndetermining the question of removal, the court shall consider the historical\nsignificance of the graveyard and the wishes of the parties concerned so far as\nthey are brought to its knowledge, including the desire of any beneficiaries of\nany reservation in rights, and shall exercise sound discretion in granting or\nrefusing the relief prayed for.\n\nHISTORY: 1990, c. 562; 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}}