dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 1 (RELIGIOUS FREEDOM)
§ 57-2. Rights asserted therein reaffirmed.
The General Assembly does hereby declare again that the rights asserted in § 57-1 are the natural and unalienable rights of mankind and this declaration is the policy of the Commonwealth of Virginia.

Code 1919, § 35; 2016, c. 284.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 1 (RELIGIOUS FREEDOM)
§ 57-2.01. Religious Freedom Week and Day.
On the 200th Anniversary of the enactment of the Virginia Act for Religious Freedom, the 1986 Virginia General Assembly commends their eighteenth century predecessors for their wisdom and foresight and declares that from this date forth, the second full week of every January is designated as Religious Freedom Week in the Commonwealth of Virginia.

In addition, the date of the passage of the Virginia Act for Religious Freedom merits special commemoration and celebration in the Commonwealth and nation. For this purpose, the sixteenth day of January of each year shall be designated "Religious Freedom Day."

1986, c. 352; 1997, c. 388.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 1 (RELIGIOUS FREEDOM)
§ 57-2.1. Advertising by hotels, etc., that persons find objectionable because of religion; exemptions.
A. As used in this section:

"Establishment" means any building or part thereof, including without being limited to public inns and hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed or invited on payment of a fee, free of charge or otherwise.

"Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.

B. No person, directly or indirectly, for himself or for another, shall publish in any newspaper or magazine, post on any sign, or broadcast by radio or television any commercial advertisement that any person not otherwise prohibited by law from using an establishment is not welcome, or is objectionable, or is not acceptable because of his religion. No person shall cause or solicit another person to violate this section.

C. This section shall not apply (i) to any establishment that is private or restricted to membership only; (ii) to any institution of higher education, school, educational institution, or camp, admission to which is based on religious belief or affiliation; or (iii) to any gathering, meeting, or assembly held under the auspices of any religious group or sect.

D. Any commercial advertisement as set forth herein is declared a public nuisance and shall be subject to abatement by injunctive relief; any aggrieved individual or group of individuals may proceed to obtain an injunction enjoining and restraining the person from continuing such commercial advertisement.

1954, c. 701.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-10. How trustees to hold personal property.
When personal property shall be given or acquired for the benefit of an unincorporated church or religious body, to be used for its religious purposes, the same shall stand vested in the trustees having the legal title to the land, to be held by them as the land is held, and upon the same trusts or, if the church has created a corporation pursuant to § 57-16.1, to be held by it as its land is held, and for the same purposes.

Code 1919, § 41; 1962, c. 516; 2005, c. 772.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-11. Suits by and against trustees.
Such trustees, and such as are mentioned in §§ 57-21, 57-22, and 57-23, may, in their own names, sue for and recover any real or personal estate held by them respectively in trust, or damages for injury thereto, and be sued in relation to the same. Such suit notwithstanding the death of any of the trustees, or the appointment of others, shall proceed in the names of the trustees by or against whom it was instituted.

In any case where such trustees shall have given any deed of trust, or encumbered such real or personal estate in any manner to secure any debt, and such trustees have since died, and such church diocese, religious congregation or organization has become extinct, or has ceased to occupy the property, so that it may be regarded as abandoned property, the beneficiary entitled to the debt secured by such deed of trust or encumbrance, may for the purpose of subjecting the estate to the payment of such lien, institute a suit in equity in the circuit court of the county or city in which the property or the greater part thereof is, against the members of such church diocese or religious congregation or organization as parties unknown, proceeding by order of publication as provided by Chapter 8 (§ 8.01-285 et seq.) of Title 8.01.

Code 1919, § 42; 1918, p. 409; 1920, p. 9; 1962, c. 516; 2005, c. 772.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-12. Repealed.
Repealed by Acts 2003, c. 813.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-13. Suits by members against trustees to compel proper application of property.
Any one or more members of any church diocese or religious congregation whose property is held by trustees may, in his or their names, on behalf of such church diocese or congregation, commence and prosecute a suit in equity against any such trustee to compel him to apply such real or personal estate for the use or benefit of the church diocese or congregation, as his duty shall require. No member of the church diocese or congregation need be made a defendant to such suit, but, in other respects, the same shall be proceeded in, heard, and determined as other suits in equity, except that it may be proceeded in, notwithstanding the death of the plaintiff, as if he were still living.

Code 1919, § 44; 1962, c. 516; 2005, c. 772.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-14. Suits by members to have land sold or mortgaged.
Whenever the governing body of any church diocese or any religious congregation whose property is held by trustees, for whose use a conveyance, devise, or dedication of land has been lawfully made, shall deem that their interest will be promoted by a sale of the whole or a part of such land, or by a mortgage thereof, or deed of trust thereon, it shall be lawful for any member of such church diocese or congregation, in his name and on behalf of the other members thereof, to prosecute a suit for either of such purposes in the circuit court of the county, or circuit court of the city, in which such land or the greater part thereof lies, against the trustees or the survivors of them in whom the legal title is; and it shall be lawful for such court, if a proper case be made, and it appears that the governing body of the church diocese or the congregation has given its assent thereto in the mode prescribed by its authorities, and the court be of opinion that the rights of others will not be violated thereby, to order the sale of such land or part thereof, or the execution of such mortgage or deed of trust, and make such disposition of the proceeds of such sale as the governing body of the church diocese or congregation may desire.

Code 1919, § 45; 1962, c. 516; 2005, c. 772.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-15.1. Order may provide that fiscal officer may sign instrument without personal liability.
Any order entered pursuant to §§ 57-14 and 57-15 may provide that any instrument evidencing a debt secured by a deed of trust or mortgage made in behalf of a church diocese, congregation, church or religious denomination or society or branch or division thereof, hereinafter referred to inclusively as "church," may be signed without personal liability by the treasurer or other fiscal officer of such church and thereupon become the obligation solely of the church named therein.

To carry out any order entered pursuant to §§ 57-14 and 57-15, the judge may appoint a special commissioner to convey or encumber any real estate held for the benefit of any church in connection with any transaction involving any conveyance or debt in the name of the church.

Any such instrument when recorded shall be indexed in the name of the church as grantor.

1966, c. 149.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-16.1. Property of unincorporated church held by corporation.
Whenever the laws, rules, or ecclesiastic polity of an unincorporated church or religious body provide for it to create a corporation to hold, administer, and manage its real and personal property, such corporation shall have the power to (i) acquire by deed, devise, gift, purchase, or otherwise, any real or personal property for any purpose authorized and permitted by the laws, rules, or ecclesiastic polity of the church or body, and not prohibited by the law of the Commonwealth and (ii) hold, improve, mortgage, sell, and convey the same in accordance with such law, rules, and ecclesiastic polity, and in accordance with the law of the Commonwealth.

2005, cc. 772, 928.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-17. Conveyance of church land held in adverse possession.
Whenever any church in the Commonwealth has been in the undisputed possession, for a period of 25 years or more, of any real estate, and for which there is no deed of record, the church, after giving notice once a week for four successive weeks in some newspaper published in, or having general circulation in, the county or city in which such real estate is, may file a petition in the circuit court of such county, or any court of record of such city, duly sworn to, which petition shall set forth the fact that the real estate mentioned therein has been in the undisputed possession of such church for a period of 25 years or more and shall give the true boundaries of such real estate. Upon the hearing of such petition, if the court shall be satisfied that the real estate mentioned has been in the undisputed possession of such church for a period of 25 years or more; that the boundaries mentioned in the petition are the true boundaries of such real estate; and that such petition has been filed by the proper party, it may appoint a special commissioner to make conveyance of such real estate to the church, with covenant of special warranty.

1918, p. 94; 1924, p. 498; Michie Code 1942, § 46a; 2005, c. 772.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-18. Conveyance for charitable purpose to unincorporated bodies, societies, groups, associations, or posts.
In any case where, since June 18, 1914, there has been, or at any time hereafter there may be, (i) any gift, grant, or devise of real estate or personal property for charitable purposes to an unincorporated body, society, group, association, or post, including those referenced in § 57-19, whether such gift, grant, or devise be directly to such body, society, group, association, or post or to it in trust for charitable uses, or (ii) a need for appointment or confirmation of election of trustees for such unincorporated body, society, group, association, or post to effect and promote the purpose and object of such unincorporated body, society, group, association, or post, trustees may, if such unincorporated body, society, group, association, or post so elects, be appointed in accordance with the procedure prescribed by § 57-8, and such trustees shall hold the trust subject in accordance with the provisions of §§ 57-11, 57-13, 57-14, 57-15, 57-15.1, 57-16, and 57-17 in like manner as if such sections had been made expressly applicable to such unincorporated body, society, group, association, or post. For the purposes of this section, the words church, society, denomination, congregation, religious congregation, religious body, religious denomination, and religious congregation or organization, appearing in the aforesaid sections, shall be interpreted to refer to such unincorporated body, society, group, association, or post.

1928, p. 25; Michie Code 1942, § 49a; 2023, c. 541.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-19. Conveyances of land to benevolent and other associations to be subject to certain sections.
When any conveyance of land has been or shall be made to trustees for the use of any society of Freemasons, Odd Fellows, Sons of Temperance, posts of Veterans of Foreign Wars or of the American Legion, Spanish War Veterans, Disabled American Veterans and of other associations of veterans of the armed forces of the United States, or any other benevolent or literary associations, or school league, or other groups organized for rural community civic purposes or improvement of farm life or operations of like purposes and not for profit, or if without the intervention of trustees such conveyance has been made since March 31, 1848, or shall be hereafter made for such use, §§ 57-8, 57-11, 57-14 and 57-15 shall be construed as if they were expressly made applicable to such association, post or society. Whenever such association, post or society has been in undisputed possession, for a period of twenty-five years or more, of any real estate, and for which there is no deed of record, § 57-17 shall be construed as if it was expressly made applicable to such association, post or society.

Code 1919, § 47; 1946, p. 230; 1954, c. 129; 1956, c. 203.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-20. Quantity of land benevolent and other associations may hold.
Except as otherwise provided in this section, the trustee for the use of any benevolent or other association referred to in § 57-19 shall not hereafter take or hold, at one time, any land exceeding five acres; and the trustees of two or more bodies or societies may hold jointly, land not exceeding five acres; provided that the local governing body of any county or city may by ordinance authorize such trustee or trustees to take and hold in such county or city not exceeding 10 acres of land at any one time. However, a school league may, in addition to the five acres held by such trustees, hold not exceeding 10 acres as a home for the principal of the school for which the league is named. All such holdings heretofore acquired are validated; except holdings that are in litigation prior to or on July 1, 1964.

Any lodge of the Benevolent and Protective Order of Elks or other groups organized for rural community civic purposes or improvement of farm life or operations of like purposes and not for profit may hold not exceeding 35 acres of land. All such holdings heretofore acquired are validated; except holdings that are in litigation on or before July 1, 2002.

Any association or post of the Veterans of Foreign Wars, American Legion, Spanish War Veterans, Disabled American Veterans, or any similar association of veterans of the Armed Forces of the United States chartered by an act of Congress may hold not exceeding 200 acres of land. Notwithstanding any other provision of law conveyances of land made prior to June 29, 1948, to any such post or association of veterans is validated provided the same is not in excess of 75 acres. Notwithstanding the provisions of § 58.1-3607, for real property owned by an association or post of the Veterans of Foreign Wars, American Legion, Spanish War Veterans, Disabled American Veterans, or any similar association of veterans of the Armed Forces of the United States chartered by an act of Congress, that portion of real property owned by such association or post in excess of 75 acres shall be subject to the provisions of § 58.1-3651 and shall not be exempt from taxation unless an ordinance to that effect is adopted by the local governing body.

Code 1919, § 48; 1948, p. 634; 1956, c. 454; 1964, c. 553; 1986, c. 63; 2002, c. 638; 2021, Sp. Sess. I, c. 234.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-21. May hold personal property through trustees.
Any such unincorporated body, society, group, association, or post referenced in § 57-18 or 57-19 may acquire personal property for its use, and hold the same and any such as it may have heretofore acquired, through the intervention of trustees in whom the legal title shall be vested for its benefit; and the circuit court of the locality in which the meetings of such unincorporated body, society, group, association, or post are usually held, or the judge of such court in vacation, may, on the application of the proper authorities of the unincorporated body, society, group, association, or post, from time to time, appoint trustees, either where there were or are none, or in place of former trustees, and change those so appointed, as may seem to the court or judge to be proper; and the legal title to such personal property shall be vested in the trustees, for the time being, and their successors, for the use and benefit of the unincorporated body, society, group, association, or post.

Code 1919, § 49; 2005, c. 772; 2023, c. 541.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-3. Appropriation of glebe lands and church property.
A. The glebe lands and church property, or the proceeds thereof held by the authorities of any county under the act of January 12, 1802, or under any other act, which may not have been applied to some particular object under a local statute passed for the purpose, shall be appropriated to such object or objects, other than for a religious purpose, as may be voted for in such county (at such time and place as the circuit court may prescribe) by a majority of the persons entitled to vote in the county for a delegate therefrom to the General Assembly, and, if no such object be so voted for, shall remain vested in such authorities and be appropriated by them for the benefit of the poor of such county; provided that the counties of Essex, Middlesex, Northampton, and Lancaster may use the "Glebe Fund," together with other funds, for improvements to the courthouse and related facilities.

B. Any county granted authority on or after July 1, 2004, to use "Glebe Fund" for improvements to its courthouse or related facilities shall use such funds exclusively for compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) at such courthouse or related facilities.

Code 1919, § 36; 1962, c. 101; 1964, cc. 33, 601; 2004, c. 595.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-4. Donations to vestries for charitable purposes.
Where, previous to January 30, 1806, any donation was made of money or any other thing, for a charitable purpose, and the donation was to be controlled or managed by a vestry, the governing body of the county, city or town, in which the charity was intended by the donor to be exercised, shall exercise the same powers, and perform the same duties, respecting the donation, that could or ought to have been exercised and performed by the vestry, if it had continued to exist and been a corporate body, and shall apply such money or other thing in such manner as may have been directed by the donor.

Code 1919, § 37.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-5. R. E. Lee Camp; Pelham Chapel.
The act entitled "An act to incorporate R. E. Lee Camp, No. 1, Confederate Veterans," approved March 13, 1884; and the act entitled "An act making an annual appropriation for the support of the home of R. E. Lee Camp, No. 1, Confederate Veterans," approved February 12, 1886, shall continue in force.

The Governor is hereby authorized to enter into an agreement to lease the Pelham Chapel to the Sons of Confederate Veterans, Lee-Jackson Camp No. 1. The lease, or any renewal thereof, shall be in increments of five years and shall be under such terms and conditions, consistent with commemoration of a Confederate war memorial, as the Governor finds reasonably necessary and approved as to form by the Attorney General. Any such lease or renewal thereof shall only be revoked or terminated during such lease term increment if the lessee willfully fails to abide by the terms of the lease.

The provisions of § 2.2-1155 shall not apply to the Pelham Chapel, as configured as of July 1, 2002.

Code 1919, § 60; 1950, p. 632; 1972, c. 763; 1981, c. 1; 1990, c. 124; 1993, c. 737; 2002, c. 742.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-6. Lee Memorial Association.
The act entitled "An act to incorporate the Lee Memorial Association," approved January 14, 1871, as amended by an act approved December 29, 1877, as amended by an act approved March 3, 1879, as amended by an act approved March 13, 1884; the act entitled "An act to authorize the investment of moneys belonging to the Lee Memorial Association in State bonds," approved March 20, 1877; and the act entitled "An act to authorize the redemption of certain State securities held by the Lee Monument Association," approved March 19, 1884, shall severally continue in force.

Code 1919, § 61.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-6.1. Validity of literary, educational, and charitable gifts, grants, devises, or bequests.
Every gift, grant, devise, or bequest made on or after April 2, 1839, for literary or educational purposes, and every gift, grant, devise, or bequest made on or after April 6, 1976, for charitable purposes, whether made in any case to any type of entity or to a natural person, shall be as valid as if made to or for the benefit of a certain natural person, except such devises or bequests, if any, that have failed or become void by virtue of the seventh section of the Act of the General Assembly passed on April 2, 1839, entitled "an act concerning devises made to schools, academies, and colleges." Nothing in this section shall be construed so as to give validity to any devise or bequest to or for the use of any unincorporated theological seminary. Every gift, grant, devise, or bequest made for literary, educational, or charitable purposes before April 6, 1976, is hereby validated.

1976, c. 546, § 55-26.1; 2019, c. 712.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-7. Repealed.
Repealed by Acts 1993, c. 370.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-7.1. What transfers for religious purposes valid.
Every conveyance or transfer of real or personal property, whether inter vivos or by will, which is made to or for the benefit of any church, church diocese, religious congregation or religious society, whether by purchase or gift, shall be valid.

Any such conveyance or transfer that fails to state a specific purpose shall be used for the religious and benevolent purposes of the church, church diocese, religious congregation or religious society as determined appropriate by the authorities which, under its rules or usages, have charge of the administration of the temporalities thereof.

No such conveyance or transfer shall fail or be declared void for insufficient designation of the beneficiaries in any case where the church, church diocese, religious congregation or religious society has lawful trustees in existence, is capable of securing the appointment of lawful trustees upon application as prescribed in § 57-8, is incorporated, has created a corporation pursuant to § 57-16.1, or has ecclesiastical officers pursuant to the provisions of § 57-16.

1993, c. 370; 2005, c. 772.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-8. Appointment of trustees to effect the purposes of conveyances, etc.; validation of certain appointments.
The circuit court of the county or the circuit court of the city, or the judge thereof in vacation, wherein there is any parcel of such land or the greater part thereof may, on the application of the proper authorities of an unincorporated church or religious body or branch or division thereof, from time to time appoint trustees, either where there were, or are, none or in place of former trustees, and on such application and without notice to the trustee or trustees change those so appointed whenever it may seem to the court or judge proper to effect and promote the purpose and object of the conveyance, devise, or dedication, and the legal title to such land shall for that purpose and object be vested in the trustees for the time being and their successors.

All such changes and appointments heretofore [before March 31, 1966] made are hereby validated, ratified, approved and confirmed.

Code 1919, § 39; 1962, c. 516; 1966, c. 216; 2005, c. 772.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 2 (Church Property; Benevolent Associations and Objects)
§ 57-9. How property rights determined on division of church or society.
A. If a division has heretofore occurred or shall hereafter occur in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority of the whole number, determine to which branch of the church or society such congregation shall thereafter belong. Such determination shall be reported to the circuit court of the county or city, wherein the property held in trust for such congregation or the greater part thereof is; and if the determination be approved by the court, it shall be so entered in the court's civil order book, and shall be conclusive as to the title to and control of any property held in trust for such congregation, and be respected and enforced accordingly in all of the courts of the Commonwealth.

B. If a division has heretofore occurred or shall hereafter occur in a congregation whose property is held by trustees which, in its organization and government, is a church or society entirely independent of any other church or general society, a majority of the members of such congregation, entitled to vote by its constitution as existing at the time of the division, or where it has no written constitution, entitled to vote by its ordinary practice or custom, may decide the right, title, and control of all property held in trust for such congregation. Their decision shall be reported to such court, and if approved by it, shall be so entered as aforesaid, and shall be final as to such right of property so held.

Code 1919, § 40; 1972, c. 825; 2005, cc. 681, 772.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-22. Conveyance of land to trustees or local governing body for cemetery use.
A. Land may be conveyed to trustees, not less than five nor more than nine in number, for the use of any city, town, county, magisterial district, cemetery association, ecclesiastical or other society, as a cemetery. It shall be held by such trustees and their successors for such use and no other.

B. Land may also be conveyed to a county, city or town, in the name of the county, city or town, for use as a cemetery. Any perpetual care fund associated with the land or cemetery shall also be transferred upon such conveyance.

Code 1919, § 50; 1997, c. 132.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-23. Appointment, change or removal of trustees.
On the application of the governing body of a city or town, the attorney for the Commonwealth of a county, ten citizens of a magisterial district, or the proper authorities of any such association or society, for whose use such cemetery is held, the circuit court of the county in which the cemetery is situated may, from time to time, appoint, change, and remove the trustees, as provided in § 57-8, whenever it may seem to the court proper to effect or promote the purposes of the trust.

Code 1919, § 51.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-24. Powers and duties of trustees.
Such trustees and their successors shall have power to make such rules and regulations for the burial of the dead, the laying off, assignment and sale of burial lots, and the management, care, preservation and improvement of the grounds, as they may deem proper. They may take and hold personal property and money for the purposes of the trust, and what is so acquired and all money received from the sale of lots shall be accounted for by them and faithfully applied to such purposes.

Code 1919, § 52.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-24.1. Trustee for purpose of suit.
In the case of any private or family graveyard, where no trustees have been designated, and it appears that the interest of justice may be served by the appointment of a trustee or trustees for the purpose of suing or being sued, on the petition of any interested party, the court of record wherein deeds are recorded of the county or city in which such cemetery is located, may appoint a trustee or trustees for the purpose of suing or being sued. The petitioner shall bear the expense of such proceedings, provided that in the event a recovery is effected on behalf of such trustee or trustees, costs shall be taxed as provided by law.

1970, c. 94.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-25. Condemnation of land for cemeteries.
If it is desired at any time to establish a cemetery for the use of a city, town, county or magisterial district, or to enlarge any such cemetery already established, and the title to land needed cannot be otherwise acquired, land sufficient for the purpose may be condemned. Application for the condemnation shall be made by the governing body of the city or town, the attorney for the Commonwealth of the county, or any ten citizens of the magisterial district, as the case may be, to the circuit court of the county or city in which the land lies, and the proceedings shall be according to the provisions of Title 25.1 for condemnation of land thereunder, so far as they can be applied to the case. The title to any land acquired under the proceedings, if for the enlargement of an existing cemetery, shall vest in the county, city or town, or in the trustees of such cemetery, as appropriate; and if for the establishment of a new cemetery, the title shall vest in the county, city or town, or in the trustees to be appointed under § 57-23, as appropriate. The land shall be held as provided by § 57-22.

Code 1919, § 53; 1997, c. 132.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-27. City of Richmond may prohibit burials in certain cemeteries.
The governing body of the City of Richmond may, by ordinance, prohibit the burial of dead bodies in the cemeteries known as Ham's, Cedarwood, Methodist, Union Mechanics', Ebenezer, and Sycamore cemeteries, respectively, and may by such ordinance provide for penalties for violations of the same by fine not exceeding fifty dollars, or imprisonment in jail not exceeding six months.

Code 1919, § 57.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-27.1. Access to cemeteries located on private property; cause of action for injunctive relief; applicability.
A. Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. No landowner shall erect a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished by persons specified in this subsection. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.

B. The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.

C. Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access.

D. Any person denied reasonable access under the provisions of this section may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court may (i) set the frequency of access, hours and duration of the access and (ii) award reasonable attorney fees and costs to the person denied such access.

E. The provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property.

1993, c. 713; 2004, c. 831; 2008, c. 390; 2011, c. 257.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-27.2. Correction of interment errors.
A. In any instance where the operator of a cemetery is informed or becomes aware that it has interred or permitted the interment of a body or cremains in the wrong burial space, it shall disinter the burial container wrongfully interred, identify the burial container, and reinter it in the proper burial space. The cemetery shall give reasonable notice, in advance of the disinterment, to the nearest known next of kin of the deceased person and, if requested, the owner of such burial space. For the purposes of this section, "interment" means the same as such term is defined in § 54.1-2310.

B. At the time specified for the disinterment and reinterment, the cemetery shall permit the nearest known next of kin and, if requested, the owner of such burial space to witness the disinterment and reinterment.

C. The cemetery shall bear all costs of the disinterment and reinterment.

1997, c. 74.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-27.3. Authorization for interment.
A cemetery may accept the notarized signature of one next of kin of a decedent for the purpose of authorizing the interment or entombment, and for erecting a memorial on the grave, crypt or niche, unless the cemetery is on written notice that there exists a dispute between next of kin over such interment, entombment or memorialization. In the case of such a dispute, the cemetery shall have no obligation to perform the interment, entombment or memorialization until there is agreement of all next of kin, or a court order adjudicating the issue among all necessary parties.

For purposes of this section, "next of kin" means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54.1-2825, the legal spouse, child over 18 years of age, custodial parent, noncustodial parent, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship.

2004, c. 247.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-28. Cities and counties may establish.
Any city and county, or any number of cities and counties, may jointly purchase or otherwise acquire land for the purpose of improving and establishing a jointly owned cemetery or cemeteries, and the governing bodies of the cities and counties purchasing or acquiring land for joint cemetery purposes shall have the power to plan any such cemetery and amend and revise any plans so made, to determine the perpetual upkeep requirements of such cemetery and of perpetual upkeep lots therein, to fix the purchase price of all lots therein, and to designate pauper lots and lots with and without perpetual care.

1944, p. 326; Michie Suppl. 1946, § 53a.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-29. Trustees.
After acquiring and planning such cemetery or cemeteries, the circuit court of the county wherein the cemetery is located shall appoint not less than five nor more than nine trustees, who shall reside in the city or county, for the purpose of managing and controlling such cemetery. The trustees shall have the power to convey lots in the cemetery in accordance with the plan thereof, without authority of court, and to include in deeds of conveyance such reasonable restrictions and conditions as they deem advisable, and shall have all other powers granted by general law to trustees of cemeteries. Such trustees shall, before entering upon the performance of their duties, give bond with approved security and in such penalty as the court determines for the faithful performance of their duties.

1944, p. 326; Michie Suppl. 1946, § 53a.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-30. Funds from sale of lots and for perpetual upkeep.
The trustees shall, upon delivery of a deed for any lot or portion thereof, except a pauper lot, collect the purchase price and pay it to the designated treasurer of either the county or city establishing the cemetery. The amounts received from the sale of lots or portions thereof as herein determined shall be used by the city and county to pay for the cost of the land and improvements. All funds for perpetual upkeep shall be properly invested under the direction of the governing bodies of the city and county. The balance of the purchase price of lots or portions thereof, and so much of the income from invested perpetual care funds as may be needed, shall be paid annually to the trustees, to be used by them along with all other funds received by them for the maintenance, operation and upkeep of the cemetery and of the perpetual care lots therein.

1944, p. 326; Michie Suppl. 1946, § 53a.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-31. May be in perpetuity.
No disposition of property heretofore or hereafter made for the maintenance or care of any cemetery, burial ground, burial lot in a cemetery, or monument, or other erections about such cemetery or burial lot, shall fail by reason of such disposition having been made in perpetuity, but shall be valid.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-32. Who may hold such property.
Any cemetery company chartered under the laws of the Commonwealth, or a church, or any trustees holding title to a cemetery, or burial ground, may take and hold any property granted, bequeathed, devised, or given upon trust to apply its income to the improvement, repair, or embellishment of the cemetery, or any burial lot or monument or tomb or vault or other erections in such cemetery, according to the terms of such grant, bequest, devise, or gift.

Code 1919, § 59; 1918, p. 103; 1920, p. 10; 2005, c. 772.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-33. Repealed.
Repealed by Acts 1995, c. 255.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-34. Amount to defray original cost not limited.
Nothing contained in this article shall be construed as limiting the amount which may be given, bequeathed or devised to defray the original cost of the cemetery, burial lot, monument, vault or other like erection or structure, nor shall this article be construed as affecting any estate that has been distributed or settled on the basis of the law then existing.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35. Trusteeship for administering funds for perpetual care.
The board of directors of any incorporated cemetery company may by bylaw establish a trusteeship for holding and administering all funds paid to such cemetery company for the perpetual care of any lot or lots in the cemetery conducted by the company, and such trusteeship, once established, shall only be revoked, annulled or modified by and with the consent of the circuit court of the county or the corporation court of the city within whose jurisdiction the cemetery is situated.

Code 1919, § 59; 1918, p. 103; 1920, p. 10.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35.1. Repealed.
Repealed by Acts 1989, c. 631.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35.11. Repealed.
Repealed by Acts 1998, cc. 708 and 721, effective July 1, 2000.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35.35:1. Definitions.
As used in this article, unless the context requires a different meaning:

"Previously unidentified cemetery" means a cemetery that, notwithstanding the fact that it is known to researchers, members of the community, or descendants of those buried there, has not been identified in the Virginia Cultural Resources Information System or has not been officially located in the land records of the locality.

2019, c. 195.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35.36. Cemeteries owned by localities; good faith effort required prior to interment.
Notwithstanding the exemptions provided for in § 54.1-2312, a cemetery operated by a county or city shall keep accurate records of the ownership of cemetery lots and shall make a good faith effort to ensure, prior to interment, that the ownership of a cemetery lot is vested in the decedent's estate or that permission for the interment has been granted by the person holding such ownership. This section shall not apply to lots or cemeteries which are dedicated for the burial of indigents.

1991, c. 614.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-35.37. Sale of cemeteries owned by a locality; required notice to descendants of original owner.
A. No cemetery owned by a county or city shall be sold to a private owner unless the county or city has made a good faith effort to ensure, prior to sale, that the ownership of such cemetery is vested in the estate of the last owner of record or that permission for the sale has been granted by the family members or descendants of such owner.

B. For purposes of subsection A, a county or city will be deemed to have made a good faith effort if it attempts to contact all known family members and descendants of the last owner of record no less than three separate times by phone, mail, or visiting the last known address of record for such family members or descendants; however, if the county or city is unable to successfully contact a family member or descendant, it must utilize two different contact methods listed above for a total of three different times in an attempt to reach the family members or descendants of the last owner of record of the cemetery. A county or city shall keep written records of each attempt to contact a family member or descendant of the cemetery's last owner of record.

2022, c. 281.
Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-37. Costs of suits, removal and reinterment; how surplus above costs disposed of.
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.

Code of Virginia — Title 57 (Religious and Charitable Matters; Cemeteries), Chapter 3 (CEMETERIES)
§ 57-38. Exemption from §§ 57-36 and 57-37.
Sections 57-36 and 57-37 shall not apply to any graveyard or cemetery owned by a church, or controlled by trustees, in which sections are sold.

Code 1919, § 55.