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1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 57-22 and 57-25 of the Code of Virginia are amended and reenacted as follows:
§ 57-22. Conveyance of land to trustees or local governing body for cemetery use.
A. Land may be conveyed to trustees, not less than five nor more than nine in number, for the use of any city, town, county, magisterial district, cemetery association, ecclesiastical or other society, as a cemetery. It shall be held by such trustees and their successors for such use and no other.
B. Land may also be conveyed to a county, city or town, in the name of the county, city or town, for use as a cemetery. Any perpetual care fund associated with the land or cemetery shall also be transferred upon such conveyance.
§ 57-25. Condemnation of land for cemeteries.
If it be is desired at any time to establish a
cemetery, for the use of a city, town, county or magisterial
district, or to enlarge any such cemetery already established, and the title to
land needed cannot be otherwise acquired, land sufficient for the purpose may
be condemned. Application for the condemnation shall be made by the governing
body of the city or town, the attorney for the Commonwealth of the county, or
any ten citizens of the magisterial district, as the case may be, to the
circuit court of the county or city in which the land lies, and the
proceedings shall be according to the provisions of Title 25 for condemnation
of land thereunder, so far as they can be applied to the case. The title to any
land acquired under the proceedings, if for the enlargement of an existing
cemetery, shall vest in the county, city or town, or in the trustees
of such cemetery, as appropriate; and if for the establishment of a
new cemetery, the title shall vest in the county, city or town, or in the
trustees to be appointed under § 57-23, as appropriate.
The land shall be held by the trustees and their successors as
provided by § 57-22.