Chap. 313.—An ACT to amend and re-enact Section 56 of the Code of Virginia,
as amended, relating to the location of cemeteries, to provide that the prohibitions
and restrictions as to location or establishment of cemeteries shall not apply to
the Woodbine Cemetery in Harrisonburg nor to any residence in Norfolk County
separated from the proposed cemetery by a State highway, river, creek, tributary
branch or marsh lands, if such residence is not less than two hundred fifty
feet therefrom at its closest point. [H 393]

Approved March 29, 1944

Re it enacted by the General Assembly of Virginia:

1. That section fifty-six of the Code of Virginia, as amended, he
amended and re-enacted, as follows:

Section 56. Location of cemeteries; limitation as to quantity of
land; exceptions—No cemetery shall be hereafter established within
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 ; pro-
vided that, 1f the location for the proposed cemetery is separated from
any residence by a State highway, it may be established upon such loca-
tion 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 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 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 muncipality establishing
the cemetery; provided such action be instituted within one year from
such establishment. 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, the town of Gretna, in
Pittsylvania county, or to the Woodbine Cemetery in the City of Har-
risonburg, Rockingham county; nor to any residence in Norfolk county
which is separated from the proposed cemetery by a State highway,
river, creek, tributary branch or marsh lands, if such residence be not
less than two hundred fifty feet from the cemetery at its closest point
thereto.
2. An emergency exists and this act is in force from its passage.