Virginia Law

Article 2. Acquisition of Land Used As Cemeteries.

Whenever it becomes necessary for the Commissioner of Highways to acquire land or other interest therein for the purposes set forth in this title, and such land to be acquired is a part or the whole of a cemetery or graveyard owned by any person, church, association, corporation, or other legal entity that has the legal authority to make disposition of the same, the Commissioner of Highways may enter into agreements with such person, church, association, corporation, or other legal entity for the removal of any remains that may be interred upon the land. Such agreement shall provide for reinterment in some suitable repository. For purposes of this article, the sprinkling of ashes or their burial in a biodegradable container on private residential property, not subject to regulation under Chapter 3 (§ 57-22 et seq.) of Title 57, shall not constitute the creation of a cemetery or graveyard.

Code 1950, § 33-75.1; 1960, c. 308; 1970, c. 322, § 33.1-133; 1992, c. 714; 2014, c. 805.

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

Code 1950, § 33-75.2; 1960, c. 308; 1970, c. 322, § 33.1-134; 2003, c. 940; 2014, c. 805.

The contents of such petition shall comply with all statutory requirements prescribed for the exercise of the power of eminent domain by the Commissioner of Highways and shall contain the reasons why it is practical to acquire such land and remove any remains that may be interred therein.

Code 1950, § 33-75.3; 1960, c. 308; 1970, c. 322, § 33.1-135; 2014, c. 805.

The trial court shall determine a suitable repository for reinterment and the manner in which the removal and reinterment is to be undertaken and shall tax the cost and expense of such removal and reinterment against the Commissioner of Highways. Insofar as possible and reasonable, the court shall consider the wishes of the next of kin of those interred in such graves in making the determination as to a suitable repository and manner of removal and reinterment. All other proceedings in the condemnation of such land and the determination of just compensation for such taking and damages suffered shall be conducted in accordance with the statutes made and provided for the exercise of the power of eminent domain by the Commissioner of Highways.

Code 1950, § 33-75.4; 1960, c. 308; 1970, c. 322, § 33.1-136; 2014, c. 805.