57-38.1 - Proceedings by landowner for removal of remains from abandoned family graveyard. - Virginia Statutes

§ 57-38.1. Proceedings by landowner for removal of remains from abandonedfamily graveyard.

The owner of any land on which is located an abandoned family graveyard, andthere has been no reservation of rights in such graveyard, or when thebeneficiaries of any reservations of rights desire to waive such rights, andin which no body has been interred for twenty-five years may file a bill inequity in the circuit court of the county or in the circuit or corporationcourt wherein such land is located for the purpose of having the remainsinterred in such graveyard removed to some more suitable repository. To suchbill all persons in interest, known or unknown, other than the plaintiffsshall be duly made defendants. If any of such parties be unknown, publicationshall be had. Upon the case being properly matured for hearing, and proofbeing made of the propriety of the removal, the court may order the removalmade and the remains properly deposited in another place, at the expense ofthe petitioner. Such removal and reinterment shall be done with due care anddecency.

In determining the question of removal the court shall consider thehistorical significance of such graveyard and shall consider as well thewishes of the parties concerned so far as they are brought to its knowledge,including the desire of any beneficiaries of any reservation of rights towaive such reservation of rights in favor of removal, and so consideringshall exercise a sound discretion in granting or refusing the relief prayedfor.

(1966, c. 444; 1970, c. 377.)