Chap. 82.—An ACT to amend and re-enact Section 56 of the Code of Virginia, as
heretofore amended, relating to the location of cemeteries. [S B 72]

Approved February 27, 1942

1. Be it enacted by the General Assembly of Virginia, That section
fifty-six of the Code of Virginia, as heretofore amended, be amended
and re-enacted, as follows: ©

~ Section 56. Location of Cemeteries ; Limitation as to Quantity of
Land.—No cemetery shall be hereafter established within the corporate
limits of any city or town; nor shall any cemetery be established within
two hundred and fifty yards of any residence without the consent of the
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 con-
tained in sections fifty, fifty-one, fifty-two, and fifty-three shall be so
construed 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. It is further provided, however, that
the prohibitions and restrictions as to the location or establishment of
cemeteries shall not apply to the town of Stuart, in Patrick county, or
town of Gretna, in Pittsylvania county. |

2. An emergency exists and this act is in force from its passage.
cHS. 83, 84] ACTS OF ASSEMBLY 103