{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/57-39.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/57-39.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/57-39.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/57-39.1.html"}],"law_id":370804,"edition_id":2,"section_id":370804,"structure_id":52808,"section_number":"57-39.1","catch_line":"Improvement of abandoned and neglected graveyards","history":"1950, p. 91; 1986, c. 55; 1990, c. 675.","full_text":"When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, so that it is unsightly and thereby lessens the desirability and value of adjacent land, and the owners fail or refuse, when requested by the owner of adjacent land or when requested by the local governing body of the county, city or town wherein the private graveyard is located, to remedy such condition of neglect and put the graveyard into suitable condition, then any owner of adjacent land or the local governing body may file a bill in equity in the circuit court of the county or city wherein the graveyard is located, for the purpose of requiring the graveyard to be placed in a suitable condition. The owners of the graveyard or any person having a right therein shall be made defendants to such court proceedings.\n\nThe court shall not enter an order requiring the owners of a graveyard in which a grave or entombment right has never been sold to improve it or place it in a suitable condition. However, after hearing the evidence the court may allow the petitioners, at their own expense, to improve the graveyard and place it in suitable condition and may also require bond to ensure that the petitioners will not injure or remove any tomb, monument, gravestone, grave marker, or vault without having first obtained court approval. Acting pursuant to court order, the petitioners may thereafter enter upon the land and improve the graveyard and place it in suitable condition. The costs in any case involving a graveyard in which a grave or entombment right has never been sold shall be paid by the petitioners.\n\nIn any case involving a graveyard in which a grave or entombment right has been sold, the court shall determine whether the owners or petitioners shall pay the costs of improving the graveyard and may require bond to insure against injury or removal of any tomb, monument, gravestone, grave marker, or vault without court approval.\n\n","order_by":null,"text":{"0":{"id":1383281,"text":"When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, so that it is unsightly and thereby lessens the desirability and value of adjacent land, and the owners fail or refuse, when requested by the owner of adjacent land or when requested by the local governing body of the county, city or town wherein the private graveyard is located, to remedy such condition of neglect and put the graveyard into suitable condition, then any owner of adjacent land or the local governing body may file a bill in equity in the circuit court of the county or city wherein the graveyard is located, for the purpose of requiring the graveyard to be placed in a suitable condition. The owners of the graveyard or any person having a right therein shall be made defendants to such court proceedings.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1383282,"text":"The court shall not enter an order requiring the owners of a graveyard in which a grave or entombment right has never been sold to improve it or place it in a suitable condition. However, after hearing the evidence the court may allow the petitioners, at their own expense, to improve the graveyard and place it in suitable condition and may also require bond to ensure that the petitioners will not injure or remove any tomb, monument, gravestone, grave marker, or vault without having first obtained court approval. Acting pursuant to court order, the petitioners may thereafter enter upon the land and improve the graveyard and place it in suitable condition. The costs in any case involving a graveyard in which a grave or entombment right has never been sold shall be paid by the petitioners.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1383283,"text":"In any case involving a graveyard in which a grave or entombment right has been sold, the court shall determine whether the owners or petitioners shall pay the costs of improving the graveyard and may require bond to insure against injury or removal of any tomb, monument, gravestone, grave marker, or vault without court approval.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52808,"edition_id":2,"name":"Abandoned or Previously Unidentified Cemeteries; Removal of Remains","identifier":"4","label":"article","depth":3,"order_by":2,"parent_id":52801,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:06:09","date_modified":"2026-08-02 12:35:47","permalink":{"id":1478723,"object_type":"structure","relational_id":52808,"identifier":"4","token":"57\/3\/4","url":"\/57\/3\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52801,"edition_id":2,"name":"Cemeteries","identifier":"3","label":"chapter","depth":2,"order_by":3,"parent_id":52796,"metadata":{"child_laws":46,"child_structures":10},"date_created":"2026-08-02 03:06:03","date_modified":"2026-08-02 12:35:47","permalink":{"id":1478627,"object_type":"structure","relational_id":52801,"identifier":"3","token":"57\/3","url":"\/57\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52796,"edition_id":2,"name":"Religious and Charitable Matters; Cemeteries","identifier":"57","label":"title","depth":1,"order_by":123,"parent_id":null,"metadata":{"child_laws":105,"child_structures":18},"date_created":"2026-08-02 03:05:57","date_modified":"2026-08-02 12:35:46","permalink":{"id":1478503,"object_type":"structure","relational_id":52796,"identifier":"57","token":"57","url":"\/57\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":370795,"structure_id":52808,"section_number":"57-35.35:1","catch_line":"Definitions","url":"\/57-35.35_1\/","token":"57\/3\/4\/57-35.35_1","metadata":false},{"id":370796,"structure_id":52808,"section_number":"57-35.36","catch_line":"Cemeteries owned by localities; good faith effort required prior to interment","url":"\/57-35.36\/","token":"57\/3\/4\/57-35.36","metadata":false},{"id":370797,"structure_id":52808,"section_number":"57-35.37","catch_line":"Sale of cemeteries owned by a locality; required notice to descendants of original owner","url":"\/57-35.37\/","token":"57\/3\/4\/57-35.37","metadata":false},{"id":370799,"structure_id":52808,"section_number":"57-36","catch_line":"Abandoned or previously unidentified graveyards may be condemned; removal of bodies","url":"\/57-36\/","token":"57\/3\/4\/57-36","metadata":false},{"id":370800,"structure_id":52808,"section_number":"57-37","catch_line":"Costs of suits, removal and reinterment; how surplus above costs disposed of","url":"\/57-37\/","token":"57\/3\/4\/57-37","metadata":false},{"id":370803,"structure_id":52808,"section_number":"57-38","catch_line":"Exemption from \u00a7\u00a7 57-36 and 57-37","url":"\/57-38\/","token":"57\/3\/4\/57-38","metadata":false},{"id":370801,"structure_id":52808,"section_number":"57-38.1","catch_line":"Proceedings by landowner for removal of remains from previously unidentified or abandoned family graveyard","url":"\/57-38.1\/","token":"57\/3\/4\/57-38.1","metadata":false},{"id":370802,"structure_id":52808,"section_number":"57-38.2","catch_line":"Proceedings by heir at law or descendant for removal of ancestor's remains from previously unidentified or abandoned family graveyard","url":"\/57-38.2\/","token":"57\/3\/4\/57-38.2","metadata":false},{"id":370820,"structure_id":52808,"section_number":"57-39","catch_line":"Proceedings for removal of remains and sale of land vacated","url":"\/57-39\/","token":"57\/3\/4\/57-39","metadata":false},{"id":370804,"structure_id":52808,"section_number":"57-39.1","catch_line":"Improvement of abandoned and neglected graveyards","url":"\/57-39.1\/","token":"57\/3\/4\/57-39.1","metadata":false},{"id":370806,"structure_id":52808,"section_number":"57-39.1:1","catch_line":"Recovery of abandoned interment rights; procedure; rights of owner of record","url":"\/57-39.1_1\/","token":"57\/3\/4\/57-39.1_1","metadata":false}],"previous_section":{"id":370820,"structure_id":52808,"section_number":"57-39","catch_line":"Proceedings for removal of remains and sale of land vacated","url":"\/57-39\/","token":"57\/3\/4\/57-39","metadata":false},"next_section":{"id":370806,"structure_id":52808,"section_number":"57-39.1:1","catch_line":"Recovery of abandoned interment rights; procedure; rights of owner of record","url":"\/57-39.1_1\/","token":"57\/3\/4\/57-39.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 55; in 1990, chapter 675.<\/p>","references":false,"refers_to":false,"permalink":{"id":1478761,"object_type":"law","relational_id":370804,"identifier":"57-39.1","token":"57\/3\/4\/57-39.1","url":"\/57-39.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/57-39.1\/","token":"57\/3\/4\/57-39.1","dublin_core":{"Title":"Improvement of abandoned and neglected graveyards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the owners of any private graveyard, not connected with any church or church property, abandon the graveyard and allow it to fall into a condition of neglect and disuse, so that it is unsightly and thereby lessens the desirability and value of adjacent land, and the owners fail or refuse, when requested by the owner of adjacent land or when requested by the local governing body of the county, city or town wherein the private graveyard is located, to remedy such condition of neglect and put the graveyard into suitable condition, then any owner of adjacent land or the local governing body may file a bill in equity<\/span> in the circuit<\/span> court<\/span> of the county or city wherein the graveyard is located, for the purpose of requiring the graveyard to be placed in a suitable condition. The owners of the graveyard or any person having a right therein shall be made defendants<\/span> to such court<\/span> proceedings.<\/p>

The court<\/span> shall not enter an order<\/span> requiring the owners of a graveyard in which a grave or entombment right has never been sold to improve it or place it in a suitable condition. However, after hearing<\/span> the evidence<\/span> the court<\/span> may allow the petitioners, at their own expense, to improve the graveyard and place it in suitable condition and may also require bond<\/span> to ensure that the petitioners will not injure or remove any tomb, monument, gravestone, grave marker, or vault without having first obtained court<\/span> approval. Acting pursuant to court order<\/span>, the petitioners may thereafter enter upon the land and improve the graveyard and place it in suitable condition. The costs in any case involving a graveyard in which a grave or entombment right has never been sold shall be paid by the petitioners.<\/p>

In any case involving a graveyard in which a grave or entombment right has been sold, the court shall determine whether the owners or petitioners shall pay the costs of improving the graveyard and may require bond<\/span> to insure against injury or removal of any tomb, monument, gravestone, grave marker, or vault without court approval.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPROVEMENT OF ABANDONED AND NEGLECTED GRAVEYARDS (\u00a7 57-39.1)\n\nWhen the owners of any private graveyard, not connected with any church or\nchurch property, abandon the graveyard and allow it to fall into a condition of\nneglect and disuse, so that it is unsightly and thereby lessens the desirability\nand value of adjacent land, and the owners fail or refuse, when requested by the\nowner of adjacent land or when requested by the local governing body of the\ncounty, city or town wherein the private graveyard is located, to remedy such\ncondition of neglect and put the graveyard into suitable condition, then any\nowner of adjacent land or the local governing body may file a bill in equity in\nthe circuit court of the county or city wherein the graveyard is located, for\nthe purpose of requiring the graveyard to be placed in a suitable condition. The\nowners of the graveyard or any person having a right therein shall be made\ndefendants to such court proceedings.\n\nThe court shall not enter an order requiring the owners of a graveyard in which\na grave or entombment right has never been sold to improve it or place it in a\nsuitable condition. However, after hearing the evidence the court may allow the\npetitioners, at their own expense, to improve the graveyard and place it in\nsuitable condition and may also require bond to ensure that the petitioners will\nnot injure or remove any tomb, monument, gravestone, grave marker, or vault\nwithout having first obtained court approval. Acting pursuant to court order,\nthe petitioners may thereafter enter upon the land and improve the graveyard and\nplace it in suitable condition. The costs in any case involving a graveyard in\nwhich a grave or entombment right has never been sold shall be paid by the\npetitioners.\n\nIn any case involving a graveyard in which a grave or entombment right has been\nsold, the court shall determine whether the owners or petitioners shall pay the\ncosts of improving the graveyard and may require bond to insure against injury\nor removal of any tomb, monument, gravestone, grave marker, or vault without\ncourt approval.\n\nHISTORY: 1950, p. 91; 1986, c. 55; 1990, c. 675.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}