reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-38.1. Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard

The owner of any land on which is located a previously unidentified graveyard or an abandoned family graveyard, and there has been no reservation of rights in such graveyard, or when the beneficiaries of any reservations of rights desire to waive such rights, and in which no body has been interred for twenty-five years may file a bill in equity in the circuit court of the county or in the circuit or corporation court wherein such land is located for the purpose of having the remains interred in such graveyard removed to some more suitable repository. To such bill all persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties be unknown, the plaintiffs shall undertake active, good faith efforts to locate interested parties including, at a minimum, publication of at least one notice in a local newspaper of general circulation, notice posted at the site of the graveyard, and notice to and consultation with any historic preservation or other such commission, as well as area historical and genealogical societies. In addition, the plaintiff is encouraged to post such notice on the Internet, including appropriate websites and through the use of social media, and to consult with the Virginia Department of Historic Resources. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal made and the remains properly deposited in another place, at the expense of the petitioner. Such removal and reinterment shall be done with due care and decency.
In determining the question of removal the court shall consider the historical significance of such graveyard and shall consider as well the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation of rights to waive such reservation of rights in favor of removal, and so considering shall exercise a sound discretion in granting or refusing the relief prayed for.
1966, c. 444; 1970, c. 377; 2014, c. 588; 2019, c. 195.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-38.2. Proceedings by heir at law or descendant for removal of ancestor's remains from previously unidentified or abandoned family graveyard

Any heir at law or descendant of a deceased person interred in a previously unidentified graveyard or an abandoned family graveyard in which no body has been interred for 25 years may file a bill in equity in the circuit court of the county or city wherein the land is located for the purpose of having the remains interred in the graveyard removed to some more suitable repository. The owner of the land, any beneficiaries of any reservation of rights, and all other persons in interest, known or unknown, other than the plaintiffs shall be duly made defendants. If any of such parties are unknown, notice may be given by order of publication. Upon the case being properly matured for hearing, and proof being made of the propriety of the removal, the court may order the removal and the remains properly deposited in another place, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.
The bill may be filed and relief granted regardless of whether there has been a reservation of rights in the graveyard and regardless of whether the beneficiaries of any reservation of rights desire to waive their rights. In determining the question of removal, the court shall consider the historical significance of the graveyard and the wishes of the parties concerned so far as they are brought to its knowledge, including the desire of any beneficiaries of any reservation in rights, and shall exercise sound discretion in granting or refusing the relief prayed for.
1990, c. 562; 2019, c. 195.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.1. Improvement of abandoned and neglected graveyards

When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, so that it is unsightly and thereby lessens the desirability and value of adjacent land, and the owners fail or refuse, when requested by the owner of adjacent land or when requested by the local governing body of the county, city or town wherein the private graveyard is located, to remedy such condition of neglect and put the graveyard into suitable condition, then any owner of adjacent land or the local governing body may file a bill in equity in the circuit court of the county or city wherein the graveyard is located, for the purpose of requiring the graveyard to be placed in a suitable condition. The owners of the graveyard or any person having a right therein shall be made defendants to such court proceedings.
The court shall not enter an order requiring the owners of a graveyard in which a grave or entombment right has never been sold to improve it or place it in a suitable condition. However, after hearing the evidence the court may allow the petitioners, at their own expense, to improve the graveyard and place it in suitable condition and may also require bond to ensure that the petitioners will not injure or remove any tomb, monument, gravestone, grave marker, or vault without having first obtained court approval. Acting pursuant to court order, the petitioners may thereafter enter upon the land and improve the graveyard and place it in suitable condition. The costs in any case involving a graveyard in which a grave or entombment right has never been sold shall be paid by the petitioners.
In any case involving a graveyard in which a grave or entombment right has been sold, the court shall determine whether the owners or petitioners shall pay the costs of improving the graveyard and may require bond to insure against injury or removal of any tomb, monument, gravestone, grave marker, or vault without court approval.
1950, p. 91; 1986, c. 55; 1990, c. 675.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.2. Reversion of unoccupied cemetery lots in cities and certain towns; rebuttable presumption

The ownership of or right or interest in any unoccupied cemetery lot in any cemetery located in any city or in any town in the Counties of Scott and Wythe, or in any town in any county having the urban county executive form of government, which cemetery is under the ownership and charge of such city or town, or any corporation, association, or trustees, shall, upon abandonment, revert to such city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot. The continued failure to maintain or care for an unoccupied cemetery lot for a period of at least 30 years shall establish a rebuttable presumption that such lot has been abandoned.
1962, c. 264; §§ 57-39.2 through 57-39.7; 1964, c. 111; 1985, c. 414; 1986, c. 118; 1985, c. 414; 2020, c. 669.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.3. Proceedings; determination of abandonment

Any city, town, corporation, association, or trustees having ownership and charge of a cemetery that is located in a city, or town in a county, as provided in § 57-39.2, may file a petition in the circuit court within whose jurisdiction the cemetery is situated, setting forth its ownership of the cemetery and facts relating to the continued failure by the owner of an unoccupied cemetery lot in such cemetery to maintain and care for such lot for at least 30 consecutive years immediately preceding, and requesting an order adjudging any such lot to be abandoned. Upon the filing of such petition, the court upon proper motion shall set a date for a hearing.
1962, c. 264; 1964, c. 111; 1986, c. 118; 2020, c. 669.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.4. Notice to owner of record; publication

At least 20 days before the date fixed for the hearing, a notice declaring that the unoccupied cemetery lot has been presumed to be abandoned and setting forth the date fixed for the hearing shall be (i)(a) served personally upon the recorded owner thereof, or his heirs, if the recorded owner is known by the cemetery to be dead and upon such heirs whose names and addresses have been filed with the cemetery, or (b) served by mailing the notice by registered mail to the last known address of the recorded owner thereof, or his heirs, if the recorded owner is known by the cemetery to be dead and to such heirs whose names and addresses have been filed with the cemetery, and (ii) published once a week for four consecutive weeks in a newspaper having general circulation in the city or town in which the cemetery is located. It shall be the duty of such recorded owner or his heirs to appear and answer to the allegations of a petition filed pursuant to § 57-39.3. Any such appearance and answer shall rebut the presumption of abandonment.
1962, c. 264; 1964, c. 111; 2020, c. 669.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.5. Judicial determination; conveyance of title

At the hearing authorized by § 57-39.4, the proofs of the parties or the petition in the event of the failure of the recorded owner or his heirs to appear and answer shall be presented, and the court shall determine if the unoccupied cemetery lot set forth in the petition has been abandoned. If the court enters a decree adjudging such lot to be abandoned, it shall further provide that the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot shall have the right to sell such lot and to use the proceeds for the purposes provided by this article.
1962, c. 264; 1964, c. 111; 2020, c. 669.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.6. Sale of abandoned cemetery lot

At any time after entry of the decree adjudicating any unoccupied cemetery lot to be abandoned pursuant to § 57-39.5, the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot may sell such lot in accordance with the rules and regulations of the cemetery then in force governing generally the sale of cemetery lots. Any proceeds derived from this sale shall first be used to defray the costs and expenses incurred in any abandonment proceedings. Unless otherwise directed by the court, the remaining balance shall be placed in a special fund, known as the "Perpetual Care Fund" of the cemetery, to be used by the cemetery solely for the future maintenance, care, and upkeep of the cemetery.
1962, c. 264; 1964, c. 111; 2020, c. 669.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.7. Applicability; abandonment determination limited in certain circumstances

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.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.19. Application of §§ 54.1-2818.1 through 54.1-2818.3

The provisions of §§ 54.1-2818.1 through 54.1-2818.3 shall apply to the cremation of any dead human body.
1979, c. 724.
2023 Code of Virginia › Title 57 - Religious and Charitable Matters; Cemeteries › Chapter 3 - Cemeteries › § 57-39.20. Definitions

As used in this article, unless the context requires a different meaning:
"Burial right" means the right of interment.
"Interment" means the disposition of pet remains by earth burial, entombment in a mausoleum, or inurnment in a columbarium.
"Operator" means any person engaged in the business of selling or offering for sale any burial or interment right in a pet cemetery and representing to the public that such cemetery, single burial or interment right therein will be perpetually cared for.
"Perpetual care fund" means a fund created to provide income to a pet cemetery to provide care, maintenance, administration and embellishment of the pet cemetery.
"Pet" means an animal that has been adapted or tamed to live in intimate association with or for the pleasure of people and includes but is not limited to dogs, cats, birds, rabbits, and hamsters.
"Pet cemetery" means land, together with any structures, facilities, or buildings appurtenant thereto provided to members of the public for use or reservation for use for the individual interment, above or below ground, of pet remains. "Pet cemetery" does not include land used exclusively for landfilling or the communal burial of pets, but does include an area where a portion of the land is used for the communal burial of pets.
1996, c. 957.