In the event that the proceeds from the condemnation are insufficient to defray the costs of the suit and removal, and reinterment of the remains, then the additional amount necessary therefor shall be paid by the county, city or town instituting the suit. If, after the payment of proper costs, there be any residue, the same shall be paid to the parties entitled thereto, and if there be any parties unknown who are entitled to such proceeds, the county, city or town shall hold such amount in trust for the parties so entitled, but such county, city or town shall not be charged with any interest on such amount so held. If the amount so held is not claimed by or paid to the parties entitled thereto within seven years from the date of sale of such burying ground, or part thereof, then such amount shall pass to and become a part of the Literary Fund of the Commonwealth, as provided by the statute of escheats.
Code 1919, § 55; 1985, c. 95.
Structure Code of Virginia
Title 57 - Religious and Charitable Matters; Cemeteries
§ 57-22. Conveyance of land to trustees or local governing body for cemetery use
§ 57-23. Appointment, change or removal of trustees
§ 57-24. Powers and duties of trustees
§ 57-24.1. Trustee for purpose of suit
§ 57-25. Condemnation of land for cemeteries
§ 57-26. Restrictions as to location of cemeteries and as to quantity of land
§ 57-27. City of Richmond may prohibit burials in certain cemeteries
§ 57-27.2. Correction of interment errors
§ 57-27.3. Authorization for interment
§ 57-28. Cities and counties may establish
§ 57-30. Funds from sale of lots and for perpetual upkeep
§ 57-32. Who may hold such property
§ 57-34. Amount to defray original cost not limited
§ 57-35. Trusteeship for administering funds for perpetual care
§ 57-35.36. Cemeteries owned by localities; good faith effort required prior to interment
§ 57-35.37. Sale of cemeteries owned by a locality; required notice to descendants of original owner
§ 57-36. Abandoned or previously unidentified graveyards may be condemned; removal of bodies
§ 57-37. Costs of suits, removal and reinterment; how surplus above costs disposed of
§ 57-38. Exemption from §§ 57-36 and 57-37
§ 57-39. Proceedings for removal of remains and sale of land vacated
§ 57-39.1. Improvement of abandoned and neglected graveyards
§ 57-39.1:1. Recovery of abandoned interment rights; procedure; rights of owner of record
§ 57-39.2. Reversion of unoccupied cemetery lots in cities and certain towns; rebuttable presumption
§ 57-39.3. Proceedings; determination of abandonment
§ 57-39.4. Notice to owner of record; publication
§ 57-39.5. Judicial determination; conveyance of title
§ 57-39.6. Sale of abandoned cemetery lot
§ 57-39.7. Applicability; abandonment determination limited in certain circumstances
§ 57-39.19. Application of §§ 54.1-2818.1 through 54.1-2818.3
§ 57-39.21. Duty to file declaration of land use restriction
§ 57-39.22. Certain representations unlawful; perpetual care trust fund required
§ 57-39.23. Change of address required from owner of burial right