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Bill > HB1237


VA HB1237

VA HB1237
Cemeteries; maintenance of abandoned or neglected graveyards, owner unknown.


summary

Introduced
01/14/2026
In Committee
02/05/2026
Crossed Over
02/04/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Cemeteries; maintenance of abandoned or neglected graveyards; owner unknown. Permits the owner of adjacent land or an incorporated nonprofit entity to petition the circuit court for an exclusive license to maintain a graveyard that has been abandoned, is unused and neglected by the owner, and the owner of such graveyard is unknown, or cannot with reasonable diligence be found. The bill requires the petitioner to (i) demonstrate a good faith effort to identify and contact an owner of record of the graveyard and (ii) publish, in a newspaper having general circulation in the locality in which the graveyard is located once a week for two consecutive weeks, notice that a petition for a maintenance license has been filed. The bill allows a court to grant a petitioner an exclusive license for the maintenance of an abandoned graveyard not to exceed five years. Such petitioner may, by petition of the court, renew such license indefinitely. After the court grants a petitioner a license to maintain the property, the owner of such graveyard may petition the circuit court of the county or city in which the graveyard is located to terminate the license.

AI Summary

This bill allows the owner of adjacent land or an incorporated nonprofit entity to petition a circuit court for a license to maintain abandoned or neglected graveyards where the owner is unknown or cannot be found. The petitioner must demonstrate a good faith effort to locate the owner and publish notice of the petition in a local newspaper for two consecutive weeks. The court can grant an exclusive license for up to five years, which can be renewed indefinitely, covering various maintenance activities like mowing, debris removal, headstone repair, and fencing replacement. The original owner can petition to terminate the license, and they are generally protected from liability for any issues arising from the petitioner's maintenance, provided there's no gross negligence or willful misconduct. All costs associated with obtaining the license are borne by the petitioner.

Committee Categories

Business and Industry, Justice

Sponsors (6)

Last Action

Referred to Committee on General Laws and Technology (on 02/05/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB1237
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1237) https://lis.blob.core.windows.net/files/1108342.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB1237/text/HB1237
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