Whenever it becomes necessary for the Commissioner of Highways to acquire land or other interest therein for the purposes set forth in this title, and such land to be acquired is a part or the whole of a cemetery or graveyard owned by any person, church, association, corporation, or other legal entity that has the legal authority to make disposition of the same, the Commissioner of Highways may enter into agreements with such person, church, association, corporation, or other legal entity for the removal of any remains that may be interred upon the land. Such agreement shall provide for reinterment in some suitable repository. For purposes of this article, the sprinkling of ashes or their burial in a biodegradable container on private residential property, not subject to regulation under Chapter 3 (§ 57-22 et seq.) of Title 57, shall not constitute the creation of a cemetery or graveyard.
Code 1950, § 33-75.1; 1960, c. 308; 1970, c. 322, § 33.1-133; 1992, c. 714; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
§ 33.2-1002. Limitation on power of eminent domain
§ 33.2-1003. Additional power to acquire lands
§ 33.2-1004. Plans for acquisition of rights-of-way
§ 33.2-1006. Reconveyance where property deemed suitable for mass transit purposes
§ 33.2-1008. Authority to acquire land to replace parkland; applicability
§ 33.2-1009. Acquisition of residue parcels declared to be in public interest
§ 33.2-1010. Use and disposition of residue parcels of land
§ 33.2-1012. Limitations in Title 25.1 not applicable to Commissioner of Highways
§ 33.2-1013. Notice of exercise of eminent domain power; evidence of value
§ 33.2-1017. Taking highway materials from streams, rivers, and watercourses
§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land
§ 33.2-1022. Certificates to describe land and list owner
§ 33.2-1024. Reformation, alteration, revision, amendment, or invalidation of certificate
§ 33.2-1026. Awards in greater or lesser amounts than deposit; interest
§ 33.2-1027.1. Distribution of funds to owner or owner's attorney
§ 33.2-1028. Enhancement to be offset against damage
§ 33.2-1029.1. (See Editor's Note) Petition by owner for determination of just compensation
§ 33.2-1030. Installation of broadband conduit
§ 33.2-1033. Contents of petition for condemnation
§ 33.2-1034. Removal and reinterment of remains; other proceedings