CHAPTER 308

An Act to provide for the removal and reinterment of remains which
may be interred upon land to be acquired by the State Highway Com-
missioner for highway purposes. ;

(S 129]

Approved March 15, 1960
Be it enacted by the General Assembly of Virginia:

1. § 1. Whenever it becomes necessary for the State Highway Com-
missioner to acquire land or other interest therein, for the purposes set
forth in Title 33 of the Code, and such land to be acquired is a part or the
whole of a cemetery or graveyard owned by any person, church, associa-
tion, corporation, or any other legal entity, which has the legal authority
to make disposition of the same, the State Highway Commissioner may
enter into agreements with such person, church, association, corporation,
or other legal entity, for the removal of any remains which may be in-
terred upon the land. Such agreement shall provide for reinterment in
some suitable repository.

§ 2. In the event no agreement can be reached as provided herein-
above, or whenever such land is a part or the whole of a cemetery or grave-
yard owned by persons unknown, or by any person, church, association,
corporation, or other legal entity, not having legal authority to make dis-
position of the same, the State Highway Commissioner shall petition the
court of the city or county in which the land is situate, and in which con-
demnation proceedings are instituted to acquire land, for the purpose of
condemning such land and having the remains interred in such cemetery
or graveyard removed to some suitable repository. To such petition the
owner or owners of the land and next of kin to the persons interred there-
in, if known, shall be made defendants and served with notice. If such
owner or owners and next of kin be unknown, or infant, insane or incom-
petent, or nonresident of this State, such notice shall be served in the
manner prescribed by § 33-61 of the Code.

§ 8. The contents of such petition shall comply with all statutory
requirements prescribed for the exercise of the power of eminent domain
by the State Highway Commissioner, and shall contain the reasons why
it is practical to acquire such land and remove any remains which may be
interred therein.

§ 4. The trial court shall determine a suitable repository for rein-
terment and the manner in which the removal and reinterment is to be
undertaken, and shall tax the cost and expense of such removal and re-
interment against the State Highway Commissioner. Insofar as possible
and reasonable, the court shall consider the wishes of the next of kin of
those interred in such graves in making the determination as to a suitable
repository and manner of removal and reinterment. All other proceed-
ings in the condemnation of such land and the determination of just com-
pensation for such taking and damages suffered shall be conducted in ac-
cordance with the statutes made and provided for the exercise of the power
of eminent domain by the State Highway Commissioner.