What are the legal means for removing and relocating human remains from cemeteries and burial places?
In the Commonwealth of Virginia, human remains can be legally removed from a cemetery or burial place and relocated to another cemetery by obtaining an order from the city or county circuit court (see 57-36, 57-38.1, 57-38.2, and 57-39). In the case of unmarked burials within formally chartered cemeteries that will be recovered by professional archaeologists, both a court order and a permit from the Department of Historic Resources will be necessary (10.1-2305). Relocation of burials should be considered as a last resort, applicable only when the burials or cemetery are endangered or when family or descendants request their relocation. While the preferred treatment of cemeteries and burial places is preservation in place, there are specific instances when removal is considered to be in the public interest. In these cases, DHR can provide recommended procedures for the sensitive removal of human burials, as well as a list of archaeological consultants available for this purpose.
