{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-39.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-39.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-39.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-39.html"}],"law_id":54311,"edition_id":1,"section_id":54311,"structure_id":13326,"section_number":"57-39","catch_line":"Proceedings for removal of remains and sale of land vacated","history":"1946, p. 407; Michie Suppl. 1946, \u00a7 58a; 1968, c. 83.","full_text":"When the owners of a graveyard, or the trustees of a graveyard left in trust, by reason of the infancy or the disability of any of them or by reason of their being numerous or partly unknown, or of the residence of any of them being unknown, cannot or cannot conveniently unite in making disposition of the same, any one or more of such owners or trustees, or, in any event, any county, city or town of this Commonwealth, if a private graveyard or pauper’s graveyard (potter’s field), which has been dedicated for such use either by written instrument, or by use by the public for such purpose, be within the boundaries thereof and the private graveyards be not connected with any church or church property and said graveyards be in a condition of neglect or disuse, or in the case of a pauper’s graveyard is in a condition of neglect, or disuse, or is located in a location which is inappropriate for its continued use as a burial ground, may file a bill in equity in the circuit court of the county or in the circuit or corporation court of the corporation wherein the graveyard is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository, and the land thus vacated sold and the costs of removal and interment and the costs of suit including reasonable attorney’s fees paid out of the proceeds of the sale. To such bill all owners of the graveyard or any person having a right therein, and in the case of a pauper’s graveyard the dedicator thereof, his heirs or successors in interest, if known, and if not known, such unknown parties shall be made defendants by the name of “person or persons unknown who may be the owners, heirs, or successors in interest of the unknown dedicator of the pauper’s graveyard which is the subject of this suit,” other than the plaintiffs shall be duly made defendants.\n\t\tThe bill shall show the title of the land, the interest of all parties, so far as known, and the reasons why relief is sought and that it is practicable. And upon the case being properly matured for hearing, and proofs being adduced of the propriety of the removal, the court shall have power to have the removal made and the remains properly deposited in another place, and to make sale of the grounds vacated by the removal and to have the costs of removal and reinterment, including the costs of the new place of interment, and of putting it in all respects in suitable condition and erecting upon it suitable memorials and the costs of the suit paid out of the proceeds of the sale.\n\t\tSuch removal and reinterment shall be done with due care and decency. But, unless the bill be filed by a city, town or county, the court shall not order such removal and reinterment until due and sufficient guaranty be given it that the proceeds of sale of the grounds proposed to be sold will be sufficient to meet all costs that may be incurred unless some party to the cause or other person gives due security to make good any deficit.\n\t\tIn determining the question of removal or sale the court shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge as the proofs, and so considering shall exercise a sound discretion in granting or, refusing the relief prayed for, except that in case the bill be filed by a city, town or county, the court shall be guided by considerations of public welfare.\n\t\tThe court may distribute any surplus of the proceeds of sale according to their rights among the owners of the ground sold or the parties entitled thereto, and in the case of the sale of a pauper’s graveyard wherein the original owner, his heirs and successors in interest are unknown, or there has been a dedication of said land for pauper’s graveyard, the court, after the due consideration, upon application of the county, city or town may permit the proceeds of the sale to be utilized for other public uses of a charitable nature including the purchase of land for parks, public offices and other municipal uses including the construction of buildings thereon.\n\t\tNo graveyard to which there is no right-of-way except over or through some person’s land shall be sold hereunder without the consent of such person.","order_by":null,"text":{"0":{"id":199387,"text":"When the owners of a graveyard, or the trustees of a graveyard left in trust, by reason of the infancy or the disability of any of them or by reason of their being numerous or partly unknown, or of the residence of any of them being unknown, cannot or cannot conveniently unite in making disposition of the same, any one or more of such owners or trustees, or, in any event, any county, city or town of this Commonwealth, if a private graveyard or pauper’s graveyard (potter’s field), which has been dedicated for such use either by written instrument, or by use by the public for such purpose, be within the boundaries thereof and the private graveyards be not connected with any church or church property and said graveyards be in a condition of neglect or disuse, or in the case of a pauper’s graveyard is in a condition of neglect, or disuse, or is located in a location which is inappropriate for its continued use as a burial ground, may file a bill in equity in the circuit court of the county or in the circuit or corporation court of the corporation wherein the graveyard is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository, and the land thus vacated sold and the costs of removal and interment and the costs of suit including reasonable attorney’s fees paid out of the proceeds of the sale. To such bill all owners of the graveyard or any person having a right therein, and in the case of a pauper’s graveyard the dedicator thereof, his heirs or successors in interest, if known, and if not known, such unknown parties shall be made defendants by the name of “person or persons unknown who may be the owners, heirs, or successors in interest of the unknown dedicator of the pauper’s graveyard which is the subject of this suit,” other than the plaintiffs shall be duly made defendants.\n\t\tThe bill shall show the title of the land, the interest of all parties, so far as known, and the reasons why relief is sought and that it is practicable. And upon the case being properly matured for hearing, and proofs being adduced of the propriety of the removal, the court shall have power to have the removal made and the remains properly deposited in another place, and to make sale of the grounds vacated by the removal and to have the costs of removal and reinterment, including the costs of the new place of interment, and of putting it in all respects in suitable condition and erecting upon it suitable memorials and the costs of the suit paid out of the proceeds of the sale.\n\t\tSuch removal and reinterment shall be done with due care and decency. But, unless the bill be filed by a city, town or county, the court shall not order such removal and reinterment until due and sufficient guaranty be given it that the proceeds of sale of the grounds proposed to be sold will be sufficient to meet all costs that may be incurred unless some party to the cause or other person gives due security to make good any deficit.\n\t\tIn determining the question of removal or sale the court shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge as the proofs, and so considering shall exercise a sound discretion in granting or, refusing the relief prayed for, except that in case the bill be filed by a city, town or county, the court shall be guided by considerations of public welfare.\n\t\tThe court may distribute any surplus of the proceeds of sale according to their rights among the owners of the ground sold or the parties entitled thereto, and in the case of the sale of a pauper’s graveyard wherein the original owner, his heirs and successors in interest are unknown, or there has been a dedication of said land for pauper’s graveyard, the court, after the due consideration, upon application of the county, city or town may permit the proceeds of the sale to be utilized for other public uses of a charitable nature including the purchase of land for parks, public offices and other municipal uses including the construction of buildings thereon.\n\t\tNo graveyard to which there is no right-of-way except over or through some person’s land shall be sold hereunder without the consent of such person.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39\/","history_text":"

The record of this law\u2019s original creation isn\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 1968, chapter 83.<\/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\/"}],"refers_to":false,"permalink":{"id":251755,"object_type":"law","relational_id":54311,"identifier":"57-39","token":"57\/3\/4\/57-39","url":"\/57-39\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-39\/","token":"57\/3\/4\/57-39","dublin_core":{"Title":"Proceedings for removal of remains and sale of land vacated","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the owners of a graveyard, or the trustees of a graveyard left in trust, by reason of the infancy or the disability of any of them or by reason of their being numerous or partly unknown, or of the residence of any of them being unknown, cannot or cannot conveniently unite in making disposition<\/span> of the same, any one or more of such owners or trustees, or, in any event, any county, city or town of this Commonwealth, if a private graveyard or pauper’s graveyard (potter’s field), which has been dedicated for such use either by written instrument, or by use by the public for such purpose, be within the boundaries thereof and the private graveyards be not connected with any church or church property and said graveyards be in a condition of neglect or disuse, or in the case of a pauper’s graveyard is in a condition of neglect, or disuse, or is located in a location which is inappropriate for its continued use as a burial ground, 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> of the corporation wherein the graveyard is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository, and the land thus vacated sold and the costs of removal and interment and the costs of suit including reasonable attorney’s fees paid out of the proceeds of the sale. To such bill all owners of the graveyard or any person having a right therein, and in the case of a pauper’s graveyard the dedicator thereof, his heirs or successors in interest, if known, and if not known, such unknown parties shall be made defendants<\/span> by the name of “person or persons unknown who may be the owners, heirs, or successors in interest of the unknown dedicator of the pauper’s graveyard which is the subject of this suit,” other than the plaintiffs<\/span> shall be duly made defendants<\/span>.\n\t\tThe bill shall show the title of the land, the interest of all parties, so far as known, and the reasons why relief is sought and that it is practicable. And upon the case being properly matured for hearing<\/span>, and proofs being adduced of the propriety of the removal, the court<\/span> shall have power to have the removal made and the remains properly deposited in another place, and to make sale of the grounds vacated by the removal and to have the costs of removal and reinterment, including the costs of the new place of interment, and of putting it in all respects in suitable condition and erecting upon it suitable memorials and the costs of the suit paid out of the proceeds of the sale.\n\t\tSuch removal and reinterment shall be done with due care and decency. But, unless the bill be filed by a city, town or county, the court<\/span> shall not order<\/span> such removal and reinterment until due and sufficient guaranty be given it that the proceeds of sale of the grounds proposed to be sold will be sufficient to meet all costs that may be incurred unless some party<\/span> to the cause or other person gives due security to make good any deficit.\n\t\tIn determining the question of removal or sale the court<\/span> shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge as the proofs, and so considering shall exercise a sound discretion in granting or, refusing the relief prayed for, except that in case the bill be filed by a city, town or county, the court<\/span> shall be guided by considerations of public welfare.\n\t\tThe court<\/span> may distribute any surplus of the proceeds of sale according to their rights among the owners of the ground sold or the parties entitled thereto, and in the case of the sale of a pauper’s graveyard wherein the original owner, his heirs and successors in interest are unknown, or there has been a dedication of said land for pauper’s graveyard, the court<\/span>, after the due consideration, upon application of the county, city or town may permit the proceeds of the sale to be utilized for other public uses of a charitable nature including the purchase of land for parks, public offices and other municipal uses including the construction of buildings thereon.\n\t\tNo graveyard to which there is no right-of-way except over or through some person’s land shall be sold hereunder without the consent of such person.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS FOR REMOVAL OF REMAINS AND SALE OF LAND VACATED (\u00a7 57-39)\n\nWhen the owners of a graveyard, or the trustees of a graveyard left in trust, by\nreason of the infancy or the disability of any of them or by reason of their\nbeing numerous or partly unknown, or of the residence of any of them being\nunknown, cannot or cannot conveniently unite in making disposition of the same,\nany one or more of such owners or trustees, or, in any event, any county, city\nor town of this Commonwealth, if a private graveyard or pauper’s graveyard\n(potter’s field), which has been dedicated for such use either by written\ninstrument, or by use by the public for such purpose, be within the boundaries\nthereof and the private graveyards be not connected with any church or church\nproperty and said graveyards be in a condition of neglect or disuse, or in the\ncase of a pauper’s graveyard is in a condition of neglect, or disuse, or\nis located in a location which is inappropriate for its continued use as a\nburial ground, may file a bill in equity in the circuit court of the county or\nin the circuit or corporation court of the corporation wherein the graveyard is\nlocated for the purpose of having the remains interred in such graveyard removed\nto some more suitable repository, and the land thus vacated sold and the costs\nof removal and interment and the costs of suit including reasonable\nattorney’s fees paid out of the proceeds of the sale. To such bill all\nowners of the graveyard or any person having a right therein, and in the case of\na pauper’s graveyard the dedicator thereof, his heirs or successors in\ninterest, if known, and if not known, such unknown parties shall be made\ndefendants by the name of “person or persons unknown who may be the\nowners, heirs, or successors in interest of the unknown dedicator of the\npauper’s graveyard which is the subject of this suit,” other than\nthe plaintiffs shall be duly made defendants.\n\t\tThe bill shall show the title of the land, the interest of all parties, so far\nas known, and the reasons why relief is sought and that it is practicable. And\nupon the case being properly matured for hearing, and proofs being adduced of\nthe propriety of the removal, the court shall have power to have the removal\nmade and the remains properly deposited in another place, and to make sale of\nthe grounds vacated by the removal and to have the costs of removal and\nreinterment, including the costs of the new place of interment, and of putting\nit in all respects in suitable condition and erecting upon it suitable memorials\nand the costs of the suit paid out of the proceeds of the sale.\n\t\tSuch removal and reinterment shall be done with due care and decency. But,\nunless the bill be filed by a city, town or county, the court shall not order\nsuch removal and reinterment until due and sufficient guaranty be given it that\nthe proceeds of sale of the grounds proposed to be sold will be sufficient to\nmeet all costs that may be incurred unless some party to the cause or other\nperson gives due security to make good any deficit.\n\t\tIn determining the question of removal or sale the court shall consider as\nwell the wishes of the parties concerned so far as they are brought to its\nknowledge as the proofs, and so considering shall exercise a sound discretion in\ngranting or, refusing the relief prayed for, except that in case the bill be\nfiled by a city, town or county, the court shall be guided by considerations of\npublic welfare.\n\t\tThe court may distribute any surplus of the proceeds of sale according to\ntheir rights among the owners of the ground sold or the parties entitled\nthereto, and in the case of the sale of a pauper’s graveyard wherein the\noriginal owner, his heirs and successors in interest are unknown, or there has\nbeen a dedication of said land for pauper’s graveyard, the court, after\nthe due consideration, upon application of the county, city or town may permit\nthe proceeds of the sale to be utilized for other public uses of a charitable\nnature including the purchase of land for parks, public offices and other\nmunicipal uses including the construction of buildings thereon.\n\t\tNo graveyard to which there is no right-of-way except over or through some\nperson’s land shall be sold hereunder without the consent of such person.\n\nHISTORY: 1946, p. 407; Michie Suppl. 1946, \u00a7 58a; 1968, c. 83.","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}}