                                 CODE OF VIRGINIA

PROCEEDINGS BY LANDOWNER FOR REMOVAL OF REMAINS FROM PREVIOUSLY UNIDENTIFIED OR
ABANDONED FAMILY GRAVEYARD (§ 57-38.1)

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.
		In 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.

HISTORY: 1966, c. 444; 1970, c. 377; 2014, c. 588; 2019, c. 195.