<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67509</law_id><section_number>57-38.1</section_number><catch_line>Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-2305</reference><reference>57-27.1:1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="57">Religious and Charitable Matters; Cemeteries</unit><unit label="chapter" level="2" order_by="1" identifier="3">Cemeteries</unit><unit label="article" level="3" order_by="1" identifier="4">Abandonment; Removal of Remains</unit></structure><text>
						<section><p>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 <span class="dictionary">waive</span> such rights, and in which no body has been interred for twenty-five years may file a bill in <span class="dictionary">equity</span> in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or in the <span class="dictionary">circuit</span> or corporation <span class="dictionary">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 <span class="dictionary">plaintiffs</span> shall be duly made <span class="dictionary">defendants</span>. If any of such parties be unknown, the <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">hearing</span>, and proof being made of the propriety of the removal, the <span class="dictionary">court</span> may <span class="dictionary">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.
		In determining the question of removal the <span class="dictionary">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 <span class="dictionary">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></text><history>1966, c. 444; 1970, c. 377; 2014, c. 588; 2019, c. 195.</history><metadata></metadata></law>
