Sections 57-39.2 through 57-39.6 shall be construed to apply to and authorize a determination of abandonment of any unoccupied part of a cemetery lot. In any proceeding to determine the abandonment of an unoccupied part of a cemetery lot, the court shall also determine what part, if any, shall be considered as having been abandoned. Such sections shall not be construed to apply to and authorize a determination of abandonment of (i) that part of a cemetery lot wherein there has been an interment, (ii) any cemetery lot or part thereof to which unrestricted fee simple title has been conveyed by a cemetery, or (iii) any cemetery lot or part thereof for which perpetual care has been provided by contract with the city, town, corporation, association, or trustees having ownership and charge of the cemetery containing any such lot or part thereof.

Terms Used In Virginia Code 57-39.7

  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254

1962, c. 264; 1964, c. 111; 1985, c. 414; 2020, c. 669.

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