                                 CODE OF VIRGINIA

IMPROVEMENT OF ABANDONED AND NEGLECTED GRAVEYARDS (§ 57-39.1)

When the owners of any private graveyard, not connected with any church or
church property, abandon the graveyard and allow it to fall into a condition of
neglect and disuse, so that it is unsightly and thereby lessens the desirability
and value of adjacent land, and the owners fail or refuse, when requested by the
owner of adjacent land or when requested by the local governing body of the
county, city or town wherein the private graveyard is located, to remedy such
condition of neglect and put the graveyard into suitable condition, then any
owner of adjacent land or the local governing body may file a bill in equity in
the circuit court of the county or city wherein the graveyard is located, for
the purpose of requiring the graveyard to be placed in a suitable condition. The
owners of the graveyard or any person having a right therein shall be made
defendants to such court proceedings.
		The court shall not enter an order requiring the owners of a graveyard in
which a grave or entombment right has never been sold to improve it or place it
in a suitable condition. However, after hearing the evidence the court may allow
the petitioners, at their own expense, to improve the graveyard and place it in
suitable condition and may also require bond to ensure that the petitioners will
not injure or remove any tomb, monument, gravestone, grave marker, or vault
without having first obtained court approval. Acting pursuant to court order,
the petitioners may thereafter enter upon the land and improve the graveyard and
place it in suitable condition. The costs in any case involving a graveyard in
which a grave or entombment right has never been sold shall be paid by the
petitioners.
		In any case involving a graveyard in which a grave or entombment right has
been sold, the court shall determine whether the owners or petitioners shall pay
the costs of improving the graveyard and may require bond to insure against
injury or removal of any tomb, monument, gravestone, grave marker, or vault
without court approval.

HISTORY: 1950, p. 91; 1986, c. 55; 1990, c. 675.