In the event no agreement can be reached as provided in § 33.2-1031 or whenever such land is a part or the whole of a cemetery or graveyard owned by persons unknown or by any person, church, association, corporation, or other legal entity not having legal authority to make disposition of the same, the Commissioner of Highways shall petition the court of the city or county in which the land is situated and in which condemnation proceedings are instituted to acquire land for the purpose of condemning such land and having the remains interred in such cemetery or graveyard removed to some suitable repository. To such petition the owner of the land and next of kin of those interred therein, if known, shall be made defendants and served with notice. If such owner and next of kin are unknown, are less than 18 years of age, have been adjudicated insane or incompetent, or are nonresidents of the Commonwealth, such notice shall be served in the manner prescribed by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1.
Code 1950, § 33-75.2; 1960, c. 308; 1970, c. 322, § 33.1-134; 2003, c. 940; 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