                                 CODE OF VIRGINIA

RECOVERY OF ABANDONED INTERMENT RIGHTS; PROCEDURE; RIGHTS OF OWNER OF RECORD (§
57-39.1:1)

A. When interment rights that have been granted by the owner of a cemetery are
not used for a period of 50 years or more, they shall be deemed abandoned and
revert to the owner of the cemetery, provided he has complied with the
provisions of subsections B, C, and D. For the purposes of this section,
&#8220;interment&#8221; means the same as such term is defined in &#xA7;
54.1-2310.

B. If the last known address of the record owner of an interment right or his
heirs, assigns, or next of kin is known to the owner of the cemetery or may
reasonably be ascertained by the owner of the cemetery, the owner of the
cemetery shall send notice by certified mail, return receipt requested, to the
owner of the interment right, his heirs or assigns, and any next of kin at such
address. The notice shall request the owner&#8217;s current address, if
different from the last known address, and the addresses of the owner&#8217;s
heirs or assigns. If a written response is received from the person to whom
notice was sent by the cemetery, the interment rights shall not be deemed
abandoned and such rights shall continue for an additional 50 years from the
date the response was received by the cemetery. If notice is returned
undeliverable or if no response is received by the cemetery within 30 days after
notice was sent, the cemetery shall publish a general notice pursuant to
subsection D in a newspaper of general circulation (i) in the county or city
where the cemetery is located and (ii) in the county or city of the last known
address of the record owner of the interment rights.

C. In cases in which the last address for the last record owner of an interment
right or his heirs, assigns, or next of kin is not known to and cannot
reasonably be ascertained by the owner of the cemetery, the cemetery owner shall
publish a notice, once a week for four consecutive weeks in a newspaper of
general circulation in the county or city where the cemetery is located pursuant
to subsection D.

D. Notice required to be published pursuant to subsections B and C shall contain
the name and business address of the cemetery and the name of the last record
owner of the interment rights and shall state the intent of the cemetery owner
to declare the interment rights abandoned. If no response is received by the
cemetery by or on behalf of the record owner or his heirs or assigns within 120
days after publication of the last required notice, the interment rights shall
be deemed abandoned and shall revert to the owner of the cemetery. If a written
response is received by the cemetery, the interment rights shall not be deemed
abandoned and such rights shall continue for an additional 50 years from the
date the response was received by the cemetery.

E. If, within 30 years after the interment rights have been deemed abandoned,
the record owner, or his heirs or assigns, can prove to the cemetery or a court
of competent jurisdiction that he is entitled to the interment rights, the
cemetery shall, at no cost, provide a right of interment similar to the one that
was abandoned.

HISTORY: 1997, c. 74; 2012, c. 691.