HomeMy WebLinkAboutSP202100009 Other 2021-05-17 (2)Code of Virginia
Title 54.1. Professions and Occupations
Subtitle II. Professions and Occupations Regulated by the Department of Professional and
Occupational Regulation and Boards within the Department
Chapter 23.1. Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts
§ 54.1-2319. Deposit in perpetual care trust fund required upon
sale of graves, etc
Each cemetery company shall deposit a minimum of ten percent of the receipts from the sale of
graves and above -ground crypts and niches, excluding below -ground burial vaults, in cash in the
perpetual care trust fund within thirty days after the close of the month in which such receipts
are paid to it. If the purchaser's payment is made on an installment or deferred payment basis,
the cemetery company shall have the option of paying ten percent of the amount of principal in
each payment received into the perpetual care trust fund. If the cemetery company provides a
grave or an above -ground crypt or niche without compensation, ten percent of the retail sales
price shall be deposited within thirty days after the close of the month in which the property is
provided to the consumer.
1998, cc. 708, 721;2000, c. 36.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
5/10/2021 12.00.00
Code of Virginia
Title 57. Religious and Charitable Matters; Cemeteries
Chapter 3. Cemeteries
Article 1. General Provisions
§ 57-26. Restrictions as to location of cemeteries and as to
quantity of land
(1) Restrictions as to location. -- No cemetery shall be hereafter established within a county or
the corporate limits of any city or town, unless authorized by appropriate ordinance subject to
any zoning ordinance duly adopted by the governing body of such county, city or town; provided
that authorization by county ordinance shall not be required for interment of the dead in any
churchyard or for interment of members of a family on private property; nor shall any cemetery
be established within 250 yards of any residence without the consent of the owner of the legal
and equitable title of the residence; provided that subject to the foregoing 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 250'
from the residence at its nearest point thereto; provided such prohibition and restriction shall
not apply where the tract of land intended for use as a cemetery is separated from any residence
by a state highway and now contains a public or private burial ground and is not within the
corporate limits of any city or town; 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 300
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 300 acres or the condemnation of more than 2 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 instituted 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 250' 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 150' from the residence at its nearest point thereto.
Code 1919,§ 56; 1926, p. 866; 1934, p. 13; 1942, p. 102; 1944, p. 462; 1948, p. 492; 1952, c. 108;
1954, c. 10; 1960, c. 161; 1994, c. 229.
5/11/2021 12.00.00
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
5/I1/2021 12.00.00