{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/57-39.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/57-39.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/57-39.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/57-39.4.html"}],"law_id":370815,"edition_id":2,"section_id":370815,"structure_id":52810,"section_number":"57-39.4","catch_line":"Notice to owner of record; publication","history":"1962, c. 264; 1964, c. 111; 2020, c. 669.","full_text":"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 (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 (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. It shall be the duty of such recorded owner or his heirs to appear and answer to the allegations of a petition filed pursuant to \u00a7 57-39.3. Any such appearance and answer shall rebut the presumption of abandonment.\n\n","order_by":null,"text":{"0":{"id":1383312,"text":"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 (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 (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. It shall be the duty of such recorded owner or his heirs to appear and answer to the allegations of a petition filed pursuant to \u00a7 57-39.3. Any such appearance and answer shall rebut the presumption of abandonment.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52810,"edition_id":2,"name":"Acquisition of Abandoned Lots in Cities and Certain Towns","identifier":"5","label":"article","depth":3,"order_by":3,"parent_id":52801,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:06:11","date_modified":"2026-08-02 12:35:48","permalink":{"id":1478769,"object_type":"structure","relational_id":52810,"identifier":"5","token":"57\/3\/5","url":"\/57\/3\/5\/","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":370807,"structure_id":52810,"section_number":"57-39.2","catch_line":"Reversion of unoccupied cemetery lots in cities and certain towns; rebuttable presumption","url":"\/57-39.2\/","token":"57\/3\/5\/57-39.2","metadata":false},{"id":370814,"structure_id":52810,"section_number":"57-39.3","catch_line":"Proceedings; determination of abandonment","url":"\/57-39.3\/","token":"57\/3\/5\/57-39.3","metadata":false},{"id":370815,"structure_id":52810,"section_number":"57-39.4","catch_line":"Notice to owner of record; publication","url":"\/57-39.4\/","token":"57\/3\/5\/57-39.4","metadata":false},{"id":370816,"structure_id":52810,"section_number":"57-39.5","catch_line":"Judicial determination; conveyance of title","url":"\/57-39.5\/","token":"57\/3\/5\/57-39.5","metadata":false},{"id":370817,"structure_id":52810,"section_number":"57-39.6","catch_line":"Sale of abandoned cemetery lot","url":"\/57-39.6\/","token":"57\/3\/5\/57-39.6","metadata":false},{"id":370818,"structure_id":52810,"section_number":"57-39.7","catch_line":"Applicability; abandonment determination limited in certain circumstances","url":"\/57-39.7\/","token":"57\/3\/5\/57-39.7","metadata":false}],"previous_section":{"id":370814,"structure_id":52810,"section_number":"57-39.3","catch_line":"Proceedings; determination of abandonment","url":"\/57-39.3\/","token":"57\/3\/5\/57-39.3","metadata":false},"next_section":{"id":370816,"structure_id":52810,"section_number":"57-39.5","catch_line":"Judicial determination; conveyance of title","url":"\/57-39.5\/","token":"57\/3\/5\/57-39.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39.4\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 264 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. Unfortunately, the 1962 \u201cActs\u201d aren\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 1964, chapter 111; in 2020, chapter 669<\/a>.<\/p>","references":[{"id":370816,"section_number":"57-39.5","catch_line":"Judicial determination; conveyance of title","order_by":null,"url":"\/57-39.5\/"}],"refers_to":[{"id":370814,"section_number":"57-39.3","catch_line":"Proceedings; determination of abandonment","order_by":null,"url":"\/57-39.3\/"}],"permalink":{"id":1478779,"object_type":"law","relational_id":370815,"identifier":"57-39.4","token":"57\/3\/5\/57-39.4","url":"\/57-39.4\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/57-39.4\/","token":"57\/3\/5\/57-39.4","dublin_core":{"Title":"Notice to owner of record; publication","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

At least 20 days before the date fixed for the hearing<\/span>, a notice declaring that the unoccupied cemetery lot has been presumed to be abandoned and setting forth the date fixed for the hearing<\/span> 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 (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 (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. It shall be the duty of such recorded owner or his heirs to appear and answer to the allegations<\/span> of a petition<\/span> filed pursuant to \u00a7 57-39.3<\/a>. Any such appearance<\/span> and answer shall rebut the presumption<\/span> of abandonment.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO OWNER OF RECORD; PUBLICATION (\u00a7 57-39.4)\n\nAt least 20 days before the date fixed for the hearing, a notice declaring that\nthe unoccupied cemetery lot has been presumed to be abandoned and setting forth\nthe date fixed for the hearing shall be (i)(a) served personally upon the\nrecorded owner thereof, or his heirs, if the recorded owner is known by the\ncemetery to be dead and upon such heirs whose names and addresses have been\nfiled with the cemetery, or (b) served by mailing the notice by registered mail\nto the last known address of the recorded owner thereof, or his heirs, if the\nrecorded owner is known by the cemetery to be dead and to such heirs whose names\nand addresses have been filed with the cemetery, and (ii) published once a week\nfor four consecutive weeks in a newspaper having general circulation in the city\nor town in which the cemetery is located. It shall be the duty of such recorded\nowner or his heirs to appear and answer to the allegations of a petition filed\npursuant to \u00a7 57-39.3. Any such appearance and answer shall rebut the\npresumption of abandonment.\n\nHISTORY: 1962, c. 264; 1964, c. 111; 2020, c. 669.","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"}}