{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/57-39.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/57-39.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/57-39.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/57-39.1_1.html"}],"law_id":370806,"edition_id":2,"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","history":"1997, c. 74; 2012, c. 691.","full_text":"A\n\nWhen interment rights that have been granted by the owner of a cemetery are not used for a period of 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 subsections B, C, and D. For the purposes of this section, “interment” means the same as such term is defined in § 54.1-2310.\n\nB\n\nIf 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 at such address. The notice shall request the owner’s current address, if different 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 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 30 days after notice was sent, the cemetery shall publish a general notice 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.\n\nC\n\nIn 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.\n\nD\n\nNotice 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 no response 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 50 years from the date the response was received by the cemetery.\n\nE\n\nIf, within 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.\n\n","order_by":null,"text":{"0":{"id":1383285,"text":"When interment rights that have been granted by the owner of a cemetery are not used for a period of 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 subsections B, C, and D. For the purposes of this section, “interment” means the same as such term is defined in § 54.1-2310.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1383286,"text":"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 at such address. The notice shall request the owner’s current address, if different 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 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 30 days after notice was sent, the cemetery shall publish a general notice 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1383287,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1383288,"text":"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 no response 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 50 years from the date the response was received by the cemetery.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1383289,"text":"If, within 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39.1:1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 74<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 691<\/a>.<\/p>","references":false,"refers_to":[{"id":368105,"section_number":"54.1-2310","catch_line":"Definitions","order_by":null,"url":"\/54.1-2310\/"}],"permalink":{"id":1478765,"object_type":"law","relational_id":370806,"identifier":"57-39.1:1","token":"57\/3\/4\/57-39.1_1","url":"\/57-39.1_1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/57-39.1_1\/","token":"57\/3\/4\/57-39.1_1","dublin_core":{"Title":"Recovery of abandoned interment rights; procedure; rights of owner of record","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When interment<\/span> rights that have been granted by the owner of a cemetery are not used for a period of 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 subsections B, C, and D. For the purposes of this section, “interment<\/span>” means the same as such term is defined in § 54.1-2310<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the last known address of the record owner of an interment<\/span> 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<\/span> right, his heirs or assigns, and any next of kin at such address. The notice shall request the owner’s current address, if different 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<\/span> rights shall not be deemed abandoned and such rights shall continue for an additional 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 30 days after notice was sent, the cemetery shall publish a general notice 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<\/span> rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases in which the last address for the last record owner of an interment<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span> rights and shall state the intent<\/span> of the cemetery owner to declare the interment<\/span> rights abandoned. If no response 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<\/span> 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<\/span> rights shall not be deemed abandoned and such rights shall continue for an additional 50 years from the date the response was received by the cemetery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If, within 30 years after the interment<\/span> rights have been deemed abandoned, the record owner, or his heirs or assigns, can prove to the cemetery or a court<\/span> of competent jurisdiction<\/span> that he is entitled to the interment<\/span> rights, the cemetery shall, at no cost, provide a right of interment<\/span> similar to the one that was abandoned. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF ABANDONED INTERMENT RIGHTS; PROCEDURE; RIGHTS OF OWNER OF RECORD (\u00a7\n57-39.1:1)\n\nA. When interment rights that have been granted by the owner of a cemetery are\nnot used for a period of 50 years or more, they shall be deemed abandoned and\nrevert to the owner of the cemetery, provided he has complied with the\nprovisions of subsections B, C, and D. For the purposes of this section,\n“interment” means the same as such term is defined in §\n54.1-2310.\n\nB. If the last known address of the record owner of an interment right or his\nheirs, assigns, or next of kin is known to the owner of the cemetery or may\nreasonably be ascertained by the owner of the cemetery, the owner of the\ncemetery shall send notice by certified mail, return receipt requested, to the\nowner of the interment right, his heirs or assigns, and any next of kin at such\naddress. The notice shall request the owner’s current address, if\ndifferent from the last known address, and the addresses of the owner’s\nheirs or assigns. If a written response is received from the person to whom\nnotice was sent by the cemetery, the interment rights shall not be deemed\nabandoned and such rights shall continue for an additional 50 years from the\ndate the response was received by the cemetery. If notice is returned\nundeliverable or if no response is received by the cemetery within 30 days after\nnotice was sent, the cemetery shall publish a general notice pursuant to\nsubsection D in a newspaper of general circulation (i) in the county or city\nwhere the cemetery is located and (ii) in the county or city of the last known\naddress of the record owner of the interment rights.\n\nC. In cases in which the last address for the last record owner of an interment\nright or his heirs, assigns, or next of kin is not known to and cannot\nreasonably be ascertained by the owner of the cemetery, the cemetery owner shall\npublish a notice, once a week for four consecutive weeks in a newspaper of\ngeneral circulation in the county or city where the cemetery is located pursuant\nto subsection D.\n\nD. Notice required to be published pursuant to subsections B and C shall contain\nthe name and business address of the cemetery and the name of the last record\nowner of the interment rights and shall state the intent of the cemetery owner\nto declare the interment rights abandoned. If no response is received by the\ncemetery by or on behalf of the record owner or his heirs or assigns within 120\ndays after publication of the last required notice, the interment rights shall\nbe deemed abandoned and shall revert to the owner of the cemetery. If a written\nresponse is received by the cemetery, the interment rights shall not be deemed\nabandoned and such rights shall continue for an additional 50 years from the\ndate the response was received by the cemetery.\n\nE. If, within 30 years after the interment rights have been deemed abandoned,\nthe record owner, or his heirs or assigns, can prove to the cemetery or a court\nof competent jurisdiction that he is entitled to the interment rights, the\ncemetery shall, at no cost, provide a right of interment similar to the one that\nwas abandoned.\n\nHISTORY: 1997, c. 74; 2012, c. 691.","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"}}