Sections 57-39.2 through 57-39.6 shall be construed to apply to and authorize a determination of abandonment of any unoccupied part of a cemetery lot. In any proceeding to determine the abandonment of an unoccupied part of a cemetery lot, the court shall also determine what part, if any, shall be considered as having been abandoned. Such sections shall not be construed to apply to and authorize a determination of abandonment of (i) that part of a cemetery lot wherein there has been an interment, (ii) any cemetery lot or part thereof to which unrestricted fee simple title has been conveyed by a cemetery, or (iii) any cemetery lot or part thereof for which perpetual care has been provided by contract with the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot or part thereof.
1962, c. 264; 1964, c. 111; 1985, c. 414; 2020, c. 669.
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