33.1-134 - Commissioner may file petition for condemnation when no agreement can be reached; notice of condemnation proceedings. - Virginia Statutes

§ 33.1-134. Commissioner may file petition for condemnation when no agreementcan be reached; notice of condemnation proceedings.

In the event no agreement can be reached as provided hereinabove or wheneversuch land is a part or the whole of a cemetery or graveyard owned by personsunknown, or by any person, church, association, corporation, or other legalentity, not having legal authority to make disposition of the same, theCommonwealth Transportation Commissioner shall petition the court of the cityor county in which the land is situate, and in which condemnation proceedingsare instituted to acquire land, for the purpose of condemning such land andhaving the remains interred in such cemetery or graveyard removed to somesuitable repository. To such petition the owner or owners of the land andnext of kin to the persons interred therein, if known, shall be madedefendants and served with notice. If such owner or owners and next of kin beunknown, or infant, insane or incompetent, or nonresident of thisCommonwealth, such notice shall be served in the manner prescribed by Chapter2 (§ 25.1-200 et seq.) of Title 25.1.

(Code 1950, § 33-75.2; 1960, c. 308; 1970, c. 322; 2003, c. 940.)