                                 CODE OF VIRGINIA

RESTRICTIONS AS TO LOCATION OF CEMETERIES AND AS TO QUANTITY OF LAND (§ 57-26)

1. Restrictions as to location. &#8212; No cemetery shall be hereafter
established within a county or the corporate limits of any city or town, unless
authorized by appropriate ordinance subject to any zoning ordinance duly adopted
by the governing body of such county, city or town; provided that authorization
by county ordinance shall not be required for interment of the dead in any
churchyard or for interment of members of a family on private property; nor
shall any cemetery be established within 250 yards of any residence without the
consent of the owner of the legal and equitable title of the residence; provided
that subject to the foregoing if the location for the proposed cemetery is
separated from any residence by a state highway, it may be established upon such
location without the consent of the owner of such residence if it be not less
than 250&#8242; from the residence at its nearest point thereto; provided such
prohibition and restriction shall not apply where the tract of land intended for
use as a cemetery is separated from any residence by a state highway and now
contains a public or private burial ground and is not within the corporate
limits of any city or town; and no cemetery shall be hereafter established, and
no burial made in any part of any cemetery, other than a municipal or city
cemetery, located within 300 yards of any property owned by any city, town or
water company, upon which or a portion of which are now located driven wells
from which water is pumped or drawn from the ground in connection with the
public water supply.

2. Quantity of land. &#8212; Nothing contained in &#xA7;&#xA7; 57-22 to 57-25
shall be so construed as to authorize a conveyance of more than 300 acres or the
condemnation of more than 2 acres of land for the use of a cemetery.

3. Action for damages. &#8212; When damage is done to adjacent land by the
establishment of such cemetery, whether established by purchase or condemnation,
the owners whose lands have been damaged shall have a right to action for such
damage against any person, firm, corporation, or municipality, establishing the
cemetery; provided such action be instituted within one year from such
establishment.

4. Exceptions. &#8212; The prohibitions and restrictions as to the location or
establishment of cemeteries shall not apply to the town of Stuart, in Patrick
County, to the town of Gretna, in Pittsylvania County, to the town of Shenandoah
in Page County, or to the Woodbine Cemetery in the city of Harrisonburg,
Rockingham County. And if the location for the proposed cemetery be in Norfolk
County it may be established on such location if consent thereto be given by the
owners of every residence within 250&#8242; thereof at its nearest point to any
such residence, or if the location for the proposed cemetery is separated from
any such residence by a state highway it may be established upon such location
without the consent of the owner of such residence if it be not less than
150&#8242; from the residence at its nearest point thereto.

HISTORY: Code 1919, § 56; 1926, p. 866; 1934, p. 13; 1942, p. 102; 1944, p.
462; 1948, p. 492; 1952, c. 108; 1954, c. 10; 1960, c. 161; 1994, c. 229.