57-26 - Restrictions as to location of cemeteries and as to quantity of land. - Virginia Statutes

§ 57-26. Restrictions as to location of cemeteries and as to quantity of land.

(1) Restrictions as to location. - No cemetery shall be hereafter establishedwithin a county or the corporate limits of any city or town, unlessauthorized by appropriate ordinance subject to any zoning ordinance dulyadopted by the governing body of such county, city or town; provided thatauthorization by county ordinance shall not be required for interment of thedead in any churchyard or for interment of members of a family on privateproperty; nor shall any cemetery be established within 250 yards of anyresidence without the consent of the owner of the legal and equitable titleof the residence; provided that subject to the foregoing if the location forthe proposed cemetery is separated from any residence by a state highway, itmay be established upon such location without the consent of the owner ofsuch residence if it be not less than 250' from the residence at its nearestpoint thereto; provided such prohibition and restriction shall not applywhere the tract of land intended for use as a cemetery is separated from anyresidence by a state highway and now contains a public or private burialground and is not within the corporate limits of any city or town; and nocemetery shall be hereafter established, and no burial made in any part ofany cemetery, other than a municipal or city cemetery, located within 300yards of any property owned by any city, town or water company, upon which ora portion of which are now located driven wells from which water is pumped ordrawn from the ground in connection with the public water supply.

(2) Quantity of land. - Nothing contained in §§ 57-22 to 57-25 shall be soconstrued as to authorize a conveyance of more than 300 acres or thecondemnation of more than 2 acres of land for the use of a cemetery.

(3) Action for damages. - When damage is done to adjacent land by theestablishment of such cemetery, whether established by purchase orcondemnation, the owners whose lands have been damaged shall have a right toaction for such damage against any person, firm, corporation, ormunicipality, establishing the cemetery; provided such action be institutedwithin one year from such establishment.

(4) Exceptions. - The prohibitions and restrictions as to the location orestablishment of cemeteries shall not apply to the town of Stuart, in PatrickCounty, to the town of Gretna, in Pittsylvania County, to the town ofShenandoah in Page County, or to the Woodbine Cemetery in the city ofHarrisonburg, Rockingham County. And if the location for the proposedcemetery be in Norfolk County it may be established on such location ifconsent thereto be given by the owners of every residence within 250' thereofat its nearest point to any such residence, or if the location for theproposed cemetery is separated from any such residence by a state highway itmay be established upon such location without the consent of the owner ofsuch residence if it be not less than 150' from the residence at its nearestpoint thereto.

(Code 1919, § 56; 1926, p. 866; 1934, p. 13; 1942, p. 102; 1944, p. 462;1948, p. 492; 1952, c. 108; 1954, c. 10; 1960, c. 161; 1994, c. 229.)