57-39.1:1 - Recovery of abandoned interment rights; procedure; rights of owner of record - Virginia Statutes

§ 57-39.1:1. Recovery of abandoned interment rights; procedure; rights ofowner of record.

A. When interment rights that have been granted by the owner of a cemeteryare not used for a period of fifty years or more, they shall be deemedabandoned and revert to the owner of the cemetery, provided he has compliedwith the provisions of subsection B. For the purposes of this section,"interment" means the same as such term is defined in § 54.1-2310.

B. The owner of the cemetery shall send notice by certified mail, returnreceipt requested, to the owner of the interment right, his heirs or assigns,and any next of kin known to the cemetery. The notice shall be sent to thelast known address of the owner requesting the owner's current address, ifdifferent than the last known address, and the addresses of the owner's heirsor assigns. If a written response is received from the person to whom noticewas sent by the cemetery, the interment rights shall not be deemed abandonedand such rights shall continue for an additional fifty years from the datethe response was received by the cemetery. If notice is returnedundeliverable or if no response is received by the cemetery within thirtydays after notice was sent, the cemetery shall publish a general notice ofits intent to declare the interment rights abandoned in a newspaper ofgeneral circulation (i) in the county or city where the cemetery is locatedand (ii) in the county or city of the last known address of the record ownerof the interment rights. Such notice shall contain the name and businessaddress of the cemetery and the name of the last record owner of theinterment rights. If there is no response thereto by or on behalf of therecord owner or his heirs or assigns within 120 days after publication of thenotice, the interment rights shall be deemed abandoned and shall revert tothe owner of the cemetery. If a written response is received by the cemetery,the interment rights shall not be deemed abandoned and such rights shallcontinue for an additional fifty years from the date the response wasreceived by the cemetery.

C. If, within thirty years after the interment rights have been deemedabandoned, the record owner, or his heirs or assigns, can prove to thecemetery or a court of competent jurisdiction that he is entitled to theinterment rights, the cemetery shall, at no cost, provide a right ofinterment similar to the one that was abandoned.

(1997, c. 74.)