57-36 - Abandoned graveyards may be condemned; removal of bodies. - Virginia Statutes

§ 57-36. Abandoned graveyards may be condemned; removal of bodies.

A. When a graveyard, wholly or partly within any county, city or town, hasbeen abandoned, or is unused and neglected by the owners, and such graveyardis necessary, in whole or in part, for public purposes, authorized by thecharter of such city or town, or by the general statutes providing for thegovernment of counties, cities and towns, such county, city or town mayacquire title to such burying ground by condemnation proceedings, to beinstituted and conducted in the manner and mode prescribed in the statutesproviding for the exercise of the power of eminent domain by counties, citiesand towns. The locality may continue to maintain all or a portion of theburying ground as a graveyard.

B. The court taking jurisdiction of the case may, in its discretion, requirethe county, city or town to acquire the whole burying ground, in which eventthe county, city or town may use such part thereof as may be necessary forits purposes and sell the residue. The court, however, shall direct that theremains interred in such graveyard, if possible so to do, be removed to somerepository used and maintained as a cemetery.

(Code 1919, § 54; 1985, c. 95; 2010, c. 617.)