{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/57-39.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/57-39.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/57-39.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/57-39.5.html"}],"law_id":370816,"edition_id":2,"section_id":370816,"structure_id":52810,"section_number":"57-39.5","catch_line":"Judicial determination; conveyance of title","history":"1962, c. 264; 1964, c. 111; 2020, c. 669.","full_text":"At the hearing authorized by \u00a7 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 the court shall determine if the unoccupied cemetery lot set forth in the petition has been abandoned. If the court enters a decree adjudging such lot to be abandoned, 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 such lot and to use the proceeds for the purposes provided by this article.\n\n","order_by":null,"text":{"0":{"id":1383313,"text":"At the hearing authorized by \u00a7 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 the court shall determine if the unoccupied cemetery lot set forth in the petition has been abandoned. If the court enters a decree adjudging such lot to be abandoned, 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 such lot and to use the proceeds for the purposes provided by this article.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-39.5\/","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":370817,"section_number":"57-39.6","catch_line":"Sale of abandoned cemetery lot","order_by":null,"url":"\/57-39.6\/"}],"refers_to":[{"id":370815,"section_number":"57-39.4","catch_line":"Notice to owner of record; publication","order_by":null,"url":"\/57-39.4\/"}],"permalink":{"id":1478783,"object_type":"law","relational_id":370816,"identifier":"57-39.5","token":"57\/3\/5\/57-39.5","url":"\/57-39.5\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/57-39.5\/","token":"57\/3\/5\/57-39.5","dublin_core":{"Title":"Judicial determination; conveyance of title","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-39.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

At the hearing<\/span> authorized by \u00a7 57-39.4<\/a>, the proofs of the parties or the petition<\/span> in the event of the failure of the recorded owner or his heirs to appear and answer shall be presented, and the court<\/span> shall determine if the unoccupied cemetery lot set forth in the petition<\/span> has been abandoned. If the court<\/span> enters a decree<\/span> adjudging such lot to be abandoned, 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 such lot and to use the proceeds for the purposes provided by this article.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL DETERMINATION; CONVEYANCE OF TITLE (\u00a7 57-39.5)\n\nAt the hearing authorized by \u00a7 57-39.4, the proofs of the parties or the\npetition in the event of the failure of the recorded owner or his heirs to\nappear and answer shall be presented, and the court shall determine if the\nunoccupied cemetery lot set forth in the petition has been abandoned. If the\ncourt enters a decree adjudging such lot to be abandoned, it shall further\nprovide that the city, town, corporation, association, or trustees having\nownership and charge of the cemetery containing any such lot shall have the\nright to sell such lot and to use the proceeds for the purposes provided by this\narticle.\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"}}