Virginia Law

Article 5. Acquisition of Abandoned Lots in Cities and Certain Towns.

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; 2020, c. 669.

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.

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.

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.

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.

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.