Chap. 15.—An ACT to amend and re-enact section 56 of the Code of Virginia
as heretofore amended, in relation to cemeteries. [H B 34

Approved February 15, 1934

1. Be it enacted by the General Assembly of Virginia, That sectior
fifty-six of the Code of Virginia, as heretofore amended, be amendec
and re-enacted so as to read as follows:

Section 56. Location of cemeteries; limitation as to quantity 0:
land—No cemetery shall be hereafter established within the corporat
limits of any city or town; nor shall any cemetery be established withir
two hundred and hity yards of any residence without the consent of th
owner of the legal and equitable title of such residence; provided, how-
ever, 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 and fifty feet from the said residence at its nearest point
thereto; and no cemetery shall be hereafter established, and no burial
made in any part of any cemetery, other than a municipal or city ceme-
tery, 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 said cemetery; provided, such action be instituted
within one year from such establishment.