CHAPTER 691
An Act to amend and reenact §57-39.1:1 of the Code of
Virginia, relating to cemeteries; abandoned interment rights; notice.
[H 306]
Approved April 9, 2012
Be it enacted by the General Assembly of Virginia:
1. That §57-39.1:1 of the Code of Virginia is amended
and reenacted as follows:
§57-39.1:1. Recovery of abandoned interment rights;
procedure; rights of owner of record.
A. When interment rights that have been granted by the owner
of a cemetery are not used for a period of fifty 50 years or
more, they shall be deemed abandoned and revert to the owner of the cemetery,
provided he has complied with the provisions of subsection subsections
B, C, and D. For the purposes of this section, "interment" means
the same as such term is defined in §54.1-2310.
B. The If the last known address of the record owner
of an interment right or his heirs, assigns, or next of kin is known to the
owner of the cemetery or may reasonably be ascertained by the owner of the
cemetery, the owner of the cemetery shall send notice by certified mail,
return receipt requested, to the owner of the interment right, his heirs or
assigns, and any next of kin known to the cemetery at such address.
The notice shall be sent to the last known address of the owner requesting
request the owner's current address, if different than from
the last known address, and the addresses of the owner's heirs or assigns. If a
written response is received from the person to whom notice was sent by the cemetery,
the interment rights shall not be deemed abandoned and such rights shall
continue for an additional fifty 50 years from the date the
response was received by the cemetery. If notice is returned undeliverable or
if no response is received by the cemetery within thirty 30 days
after notice was sent, the cemetery shall publish a general notice of its
intent to declare the interment rights abandoned pursuant to subsection
D in a newspaper of general circulation (i) in the county or city where the
cemetery is located and (ii) in the county or city of the last known address of
the record owner of the interment rights.
C. In cases in which the last address for the last record
owner of an interment right or his heirs, assigns, or next of kin is not known
to and cannot reasonably be ascertained by the owner of the cemetery, the
cemetery owner shall publish a notice, once a week for four consecutive weeks
in a newspaper of general circulation in the county or city where the cemetery
is located pursuant to subsection D.
Such notice D. Notice required to be published
pursuant to subsections B and C shall contain the name and business address
of the cemetery and the name of the last record owner of the interment rights and
shall state the intent of the cemetery owner to declare the interment rights
abandoned. If there is no response thereto is received by
the cemetery by or on behalf of the record owner or his heirs or assigns
within 120 days after publication of the last required notice, the
interment rights shall be deemed abandoned and shall revert to the owner of the
cemetery. If a written response is received by the cemetery, the interment
rights shall not be deemed abandoned and such rights shall continue for an
additional fifty 50 years from the date the response was received
by the cemetery.
C. E. If, within thirty 30 years
after the interment rights have been deemed abandoned, the record owner, or his
heirs or assigns, can prove to the cemetery or a court of competent
jurisdiction that he is entitled to the interment rights, the cemetery shall,
at no cost, provide a right of interment similar to the one that was abandoned.
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