57-39.24 - Removal of restriction on land. - Virginia Statutes

§ 57-39.24. Removal of restriction on land.

A. After a declaration has been filed pursuant to § 57-39.21, the restrictionmay be removed in accordance with this section by order of the circuit courtfor the locality where the land is located in a proceeding brought by the petcemetery owner or his heirs or assigns.

B. The circuit court may remove the restriction on the land upon proofsatisfactory to the court that either of the following has occurred:

1. No interments have been made in the land from which the restriction issought to be removed; or

2. If, after notice sent by registered mail, return receipt requested, to thelast known address of a person who owns a burial right in a pet cemetery, theowner of the pet cemetery has received from such persons writtenauthorization, acknowledged before a notary public, to remove the restrictionfrom the land. If no response is received by the cemetery owner after thirtydays from the date of the notice, consent to remove the restriction from theland shall be presumed. Any person granting this authorization who wishes tohave a pet that is already interred in the pet cemetery removed andreinterred elsewhere shall so state on the authorization, and the petcemetery owner shall provide proof of this removal and reinterment. A petcemetery owner need not obtain the authorization described in thissubdivision from a person who has purchased a burial right in the petcemetery but who has not yet used that right for the interment of a pet, ifthe owner refunds to the purchaser or his heirs or assigns all moneys takenfor the burial right, plus interest accrued in six-month increments, at arate equal to the Federal Reserve Board discount rate as of January 1 of eachyear, beginning January 1, 1996.

C. A holder of a lien on the restricted land may object to the removal of therestriction, and the circuit court shall consider any such objection beforeissuing an order to remove the restriction.

D. An order issued by the circuit court removing a restriction pursuant tothis section shall be filed in the office of the clerk of the circuit courtfor the locality where the land is located. The clerk shall record the orderin the deed book.

(1996, c. 957.)