HOUSE BILL NO. 1423 Offered January 14, 2008 A BILL to amend the Code of Virginia by adding a section numbered 57-25.1, relating to cemeteries; limitation on uses of property containing cemeteries. ---------- Patron-- Alexander ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 57-25.1 as follows:

§ 57-25.1. Purchase of property containing private cemetery; responsibilities of purchaser.

A. Any person, firm, corporation, or governmental entity acquiring real property on which a private cemetery is located shall acquire such property subject to the restriction that no marked grave within such cemetery shall be moved, relocated, or otherwise disturbed. If the property is acquired for the purpose of developing or changing the use of such property, then the person, firm, corporation, or governmental entity acquiring the property shall be required to plan and implement such development or use so that any private cemetery located on such property and all marked graves within such private cemetery are preserved and protected.

B. The person, firm, corporation, or governmental entity acquiring the property on which a private cemetery is located shall be legally responsible for the continued maintenance of such cemetery.

C. Once the property has been acquired, the owner of the land may initiate proceedings for removal of human remains from a private cemetery subject to the provisions of § 57-38.1.

D. Any person who knowingly violates any provisions of this section shall be guilty of a Class 1 misdemeanor and shall be subject to an additional fine of not more than $5,000 for each grave disturbed.

E. As used in this section:

“Human remains” means the bodies of human beings in any stage of decomposition, including cremated remains.

“Marked grave” means any burial site within a private cemetery that is indicated by the placement of a memorial, tombstone, grave marker, or sign identifying placement of human remains.

“Private cemetery” means any privately owned land that is dedicated to and used for interment of human remains of members of an individual’s family or group and the owners of such land are authorized to control access to and use of such land. “Private cemetery” shall not include any cemetery that has been condemned by any county, city or town pursuant to § 57-56.