CHAPTER 77

AN ACT to amend the Code of 1950 by adding a section num-
bered 57-39.1 providing for securing improvement of
abandoned cemeteries under certain circumstances.

{[{H90]

Approved February 28, 1950

Be it enacted by the General Assembly of Virginia:
1. That the Code of 1950 be amended by adding a section
numbered 57-39.1 as follows:
§ 57-39.1. Improvement of abandoned and neglected grave-
yards.—When the owners of any private graveyard, not con-
nected with any church or church property, shall abandon the
same and allow it to fall into a condition of neglect and disuse,
so that it is unsightly and thereby lessens the desirability and
value of adjacent land for residential purposes, and such own-
ers fail or refuse, when requested by the owner of adjacent land,
to remedy such condition of neglect and put such graveyard into
suitable condition, then any such owner of adjacent land may
file a bill in equity in the circuit court of the county. or corpora-
tion court of the city wherein the graveyard is located, for the
purpose of requiring such graveyard to be placed in a suitable
condition. To such bill the owners of the graveyard or any per-
son having a right therein shall be made defendants.

The court shall not enter any order requiring, or require,
the owners of such graveyard to improve the same or place it
in a suitable condition but after hearing the evidence may allow
petitioners at their own expense to improve the same and place
it in suitable condition and require bond that they will not injure
or remove any tomb, monument, gravestone, grave marker or
vault; whereupon such petitioner may enter upon such land
and improve the graveyard and place the same in suitable
condition.

The costs in any such case shall be paid by petitioners.