Chap. 257.—An ACT to amend and reenact Section 56 of the Code of Virginia,
as amended, relating to the location of cemeteries; to provide that if the loca-
tion of the proposed cemetery be in Norfolk County it may be established on
such location if the owners of every residence within two hundred fifty feet
thereof consent thereto, or if the location for the proposed cemetery be
separated from any residence by a State highway it may be established upon
such location without the consent of the owner of such residence if it be
not less than one hundred fifty feet from the residence at its nearest point
thereto. {S 114]

Approved March 16, 1948

Be it enacted by the General Assembly of Virginia:

1. That section fifty-six of the Code of Virginia, as amended,
be amended and reenacted as follows:

Section 56. Location of cemeteries; limitations to quantity of
land; exceptions.—No cemetery shall hereafter be established with-
in the corporate limits of any city or town; nor shall any cemetery
be established within two hundred fifty yards of any residence
without the consent of the owner of the legal and equitable title
of the residence; provided, that, if the location for the proposed
cemetery is separated from any residence by a State highway, it
may be established upon such location without the consent of the
owner of such residence if it be not less than two hundred fifty
feet from the residence at its nearest point thereto; and no cemetery
shall hereafter be established, and no burial made in any part of any
cemetery, other than a municipal or city cemetery, located within
three hundred yards of any property owned by any city, town or
water company, upon which or a portion of which are now located
driven wells from which water is pumped or drawn from the ground
in connection with the public water supply. Nothing contained in
sections fifty, fifty-one, fifty-two and fifty-three shall be so con-
strued as to authorize a conveyance of more than three hundred
acres, or the condemnation of more than two acres of land for the
use of a cemetery. When damage is done to adjacent land by the
establishment of such cemetery, whether established by purchase
or condemnation, the owners whose lands have been damaged
shall have a right to action for such damage against any person,
firm, corporation or municipality establishing the cemetery; pro-
vided such action be instituted within one year from such establish-
ment. It is further provided that the prohibitions and restrictions
as to the location or establishment of cemeteries shall not apply to
the town of Stuart, in Patrick County, to the town of Gretna, in
Pittsylvania county, or to the Woodbine Cemetery in the city
of Harrisonburg, Rockingham County; and it is provided further
that if the location for the proposed cemetery be in Norfolk County
it may be established on such location if consent thereto be given
by the owners of every residence within two hundred fifty feet
thereof at its nearest point to any such residence, or if the location
for the proposed cemetery is separated from any such residence by
a State highway it may be established upon such location without
the consent of the owner of such residence if it be not less than one
hundred fifty feet from the residence at its nearest point thereto.

2. An emergency exists and this act is in force from its passage.