Bill Text: VA SB445 | 2020 | Regular Session | Prefiled
Bill Title: Cemeteries; acquisition of abandoned lots in cities and certain towns.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-06 - Governor: Acts of Assembly Chapter text (CHAP0669) [SB445 Detail]
Download: Virginia-2020-SB445-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That Article 5 of Chapter 3 of Title 57 of the Code of Virginia is amended and reenacted as follows:
§57-39.2. Reversion of unoccupied cemetery lots in cities and certain towns; rebuttable presumption.
The ownership of or right or interest in any unoccupied
cemetery lot in any cemetery located in any city or in any town in any county, which county has a population of not
less than 24,500 nor more than 25,600 the
Counties of Isle of Wight, Scott, and
Wythe, or in any town in any county having the urban county
executive form of government, which cemetery is under the ownership and charge
of such city or town, or any corporation, association,
or trustees, shall, upon abandonment, revert to such city, town, corporation,
association,
or trustees having ownership and charge of the cemetery containing any such
lot. The continued failure to maintain or care for an unoccupied cemetery lot in any cemetery for a period
of at least thirty 30
years, whether such period shall have elapsed prior to
the effective date hereof or subsequent thereto, shall create and establish a
rebuttable presumption that the same such lot has been abandoned.
§57-39.3. Proceedings; determination of abandonment.
Any city, town, corporation, association,
or trustees having ownership and charge of a cemetery
which that
is located in a city, or town in a county, as provided in the
preceding section (§57-39.2),
may file a verified bill in equity petition in the circuit court having equity jurisdiction
within whose jurisdiction the cemetery is situated, setting forth its or their ownership of the
cemetery and facts relating to the continued failure by the owner of an unoccupied
cemetery lot in such cemetery to maintain and care for the
same such lot
for at least thirty 30 consecutive years
immediately preceding thereto, and pray for requesting an order adjudging
any such lot to be abandoned. Upon the filing of such
bill petition,
the court upon proper motion shall set a date for a hearing
thereon.
§57-39.4. Notice to owner of record; publication.
Not less than twenty At least 20 days before the
date fixed for the hearing, a notice declaring that the unoccupied cemetery lot
has been presumed to be abandoned,
and setting forth the date fixed for the hearing,
shall be (i) (a) served personally upon
the recorded owner thereof,
or his heirs, if the recorded owner is known by the cemetery to be dead and
upon such heirs whose names and addresses have been filed with the cemetery, or shall be (b)
served by mailing the notice by registered mail to the last known address of
the recorded owner thereof,
or his heirs, if the recorded owner is known by the cemetery to be dead and to such
heirs whose names and addresses have been filed with the cemetery, and by publishing the notice (ii) published once a week for
four consecutive weeks in a newspaper having general circulation in the city or
town in which the cemetery is located. Thereupon, it It shall be the duty of such
recorded owner or his heirs, as the case may be,
to appear and make
answer to the allegations of said bill and any a petition filed pursuant to §57-39.3. Any
such appearance and answer shall rebut the presumption of abandonment.
§57-39.5. Judicial determination; conveyance of title.
At the hearing authorized by the
preceding section §57-39.4,
the proofs of the parties or the petition in
the event of the failure of the recorded owner or his heirs to appear and
answer shall be presented,
and if the court shall determine therefrom, or upon the verified bill in event of
the failure of the recorded owner or his heirs, as the case may be, to appear
and answer, that if
the unoccupied cemetery lot set forth in the
bill petition
has been abandoned, . If the court shall enter enters a decree adjudging the same
such lot to be abandoned, and it shall further provide that
the city, town, corporation, association,
or trustees having ownership and charge of the cemetery containing any such lot
shall have the right to sell the same, conveying
good title thereto, such lot
and to use the proceeds derived therefrom in
the manner and for the purposes
hereinafter provided by this article.
§57-39.6. Sale of abandoned cemetery lot.
At any time after entry of the decree adjudicating any
unoccupied cemetery lot to be abandoned pursuant to §
57-39.5, the city, town, corporation, association, or trustees having
ownership and charge of the cemetery containing any such lot may sell the same
such lot in accordance with the rules and regulations
of the cemetery then in force governing generally the sale of cemetery lots.
Any proceeds derived therefrom from this sale shall first
be used to defray the costs and expenses incurred in any abandonment
proceedings, and the balance
thereof. Unless otherwise
directed by the court, the remaining balance shall, unless otherwise directed by the court,
be placed in a special fund, known as the "Perpetual Care Fund" of
the cemetery, to be used by the cemetery solely for the future maintenance,
care, and upkeep of the
cemetery.
§57-39.7. Applicability; abandonment determination limited in certain circumstances.
Sections 57-39.2 through 57.39.6 shall be construed to apply
to and authorize a determination of abandonment of any unoccupied part of a
cemetery lot. In any proceeding to determine the abandonment of an unoccupied
part of a cemetery lot, the court shall in the exercise of
its equity jurisdiction, also determine what part, if any,
shall be considered as having been abandoned. Such sections shall not be
construed to apply to and authorize a determination of abandonment of the following: (1) (i) that part of a
cemetery lot wherein there has been an interment; or
(2), (ii)
any cemetery lot or part thereof to which unrestricted fee simple title has
been conveyed by a cemetery; or (3), or (iii) any cemetery lot
or part thereof for which perpetual care has been provided by contract with the
city, town, corporation, association,
or trustees having ownership and charge of the cemetery containing any such lot
or part thereof.