Legislative Proposal Assignment

Unlock access to all the studying documents.

View Full Document

POLS 331

LEGISLATIVE PROPOSAL ASSIGNMENT

INTRODUCTION

Cemetery maintenance has been a problem in many states, not only in the US but the world

over, for many years. Depending on state laws and regulations in place, all activities done in the

cemetery might determine their state in the years to come. Government census statistics indicate

that the population growth rate in Virginia state from April 2010 to July 2016 stood at 5.1% (“U.S.

Census Bureau Quick Facts Selected: Virginia,” n.d.). The same data shows the number of people

under 65 years, and without a healthcare insurance cover, being 10.1% of the total population.

Such information is essential in pointing the increasing rate of deaths in Virginia. From these, a

complete reformation of cemetery management is inevitable. One way through which such

changes might see the light is the amendment of relevant legal provisions in the context of

cemetery management.

In this paper, a close look at selected clauses in Virginian Law to illustrate regulations on

cemetery ownership and related matters is of the essence. The year such laws came into effect, and

any other relevant background information related to it will add value to the discussion. The core

of this paper is the proposed changes to the law. An inclusion of the mechanism of enactment of

the proposed amendments and the source of financial costs associated with such implementation

will enrich the proposal. An argument to defend the proposed changes and their unforeseen

positive impact in the future of Virginia appears towards the end of the paper. In doing so, a

comparison of other states’ law provisions solidifies the proposal.

LEGISLATIVE PROPOSAL ASSIGNMENT

CURRENT LAW IN THE STATE OF VIRGINIA (Title 57, chapter 3 > Cemeteries)

Land ownership

Section 57-22 provides for conveyance of land to trustees and local owners. A trustee is a

party vested with the authority of taking care of property by the state, for the benefit of a third

party. The third party, in this case, refers to Virginian residents within the locality in which the

cemetery exists. Land reserved for graveyards shall be held and managed by five to nine trustees

in perpetual succession and any funds associated with such projects finds a way to the trustees’

docket.

Condemnation of land is a provision in the same article, section 57-25. Land condemnation

refers to a seizure of property initially designated as public land for use by the state. The title of

such condemned area rests with the local authority of the city or the trustees appointed per section

57-22 of the Virginian code. Condemnation procedures outlined in Title 25.1 shall apply, and such

include the transfer of land title to the petitioner, state authority or trustees in this case (§ 25.1-237

Payment of compensation and damages into court; vesting of title, n.d). Further, section 57-35.36

confirms private ownership of cemetery lots and their prior permission should open doors for

interment to take place (§ 57-35.36. Cemeteries owned by localities; good faith effort required

before the funeral, n.d.).

Abandoned graveyards and removal of bodies (S 57-36)

At the point when a cemetery, entirely or somewhat inside any town, or city is relinquished

or remains unused by the proprietors, urban communities may procure title to such ground by

judgment procedures (§ 57-36. Abandoned graveyards may be condemned; removal of bodies,

n.d.). The region may keep all or a segment of the ground as a burial site.

LEGISLATIVE PROPOSAL ASSIGNMENT

The court taking purview of the case may, in its circumspection, require the province, city,

or town to procure the entire covering ground, in which occasion the district, city, or town may

utilize such part thereof as might be fundamental for its motivations and offer the buildup. The

court, nonetheless, might coordinate that the remains entombed in such burial ground, if

conceivable so to do, be expelled to some store utilized and kept up as a graveyard. Any city that

has procured by any methods a condemned gravesite of Virginians held as slaves should advise

the Virginia Department of Historic Resources of the area of such graveyard. The Department

should record the area of the cemetery. A posting of the areas of every single deserted burial ground

and gravesites of Virginians held as slaves and given to the Department might be kept up by it as

an open record (§ 57-36. Abandoned graveyards may be condemned; removal of bodies, n.d.).