CHAPTER 108

An Act to amend and reenact § 57-26 of the Code of Virginia, relating to
restrictions as to location of cemeteries and as to quantity a 2001
306

Approved February 23, 1952

Be it enacted by the General Assembly of Virginia:
ba That § 57-26 of the Code of Virginia be amended and reenacted, as

ollows:

§ 57-26. (1) Restrictions as to location.—No cemetery shall be here-
after established within the corporate limits of any city or town; nor shall
any cemetery be established within two hundred fifty yards of any resi-
dence 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 be hereafter 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.

(2) Quantity of land—Nothing contained in §§ 57-22 to 57-25 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.

(3) Action for damages.—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; provided such action be insti-
tuted within one year from such establishment.

(4) Exceptions.—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, to the
town of Shenandoah in Page County, or to the Woodbine Cemetery in
the city of Harrisonburg, Rockingham County. And 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.