Subcommittee advances bill allowing localities to petition to maintain neglected private cemeteries

Subcommittee on ABC and Gaming · January 28, 2026

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Summary

HB 1237 would let local governments or qualified organizations petition a circuit court for permission to maintain private cemeteries that are effectively abandoned or have unknown owners. Sponsor and remote testimony from Mayor Ernie Porter emphasized preservation and protection of historic burial sites; the subcommittee reported the bill 9–0.

Delegate Sewell introduced HB 1237, which would allow localities or authorized third parties to petition a circuit court for permission to maintain private cemeteries that have been neglected due to unknown ownership, absent heirs or other circumstances. "Throughout the Commonwealth ... there are a number of private cemeteries that are effectively abandoned," the sponsor said, outlining gaps in current Code of Virginia provisions.

Mayor Ernie Porter, appearing remotely, urged support and described how the bill offers a legal mechanism for cemetery preservation without costing taxpayers or removing owner liability protections; the bill allows an owner who later emerges to petition to terminate the maintenance authorization.

The subcommittee moved and seconded to report HB 1237 and the measure reported out by a recorded vote of 9 to 0.