H. B. 4402
(By Delegate Amores)
[Introduced February 5, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend article thirteen, chapter thirty-seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six-a; and to amend and reenact section seven of said article,
all relating to providing procedures for the improvement,
construction and development upon privately owned lands which
contain graves.
Be it enacted by the Legislature of West Virginia:
That article thirteen, chapter thirty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section designated section six-a;
and that section seven of said article be amended and reenacted,
all to read as follows:
ARTICLE 37. REMOVAL, TRANSFER AND DISPOSITION OF REMAINS IN GRAVES LOCATED UPON PRIVATELY OWNED LANDS.
§37-13-6a. Improvement, construction or development upon privately
owned lands containing graves.
No improvement, construction or development shall commence
upon privately owned lands on which a cemetery or graves is located
if such improvement, construction or development would destroy or
otherwise physically disturb the cemetery or graves located on the
land unless: (1) the owner of the land files a petition for removal
of the graves in accordance with the provisions of sections two and
three of this article; (2) a hearing is held in the circuit court
of the county in which the lands affected are located in accordance
with the provisions of section four of this article; and (3) the
court grants the relief sought by the petitioner or otherwise
orders the removal, transfer and disposition of the remains in
accordance with the provisions of section five and six of this
article.
§37-13-7. Remedy herein provided cumulative.
This article and the rights and remedies herein provided for
shall be cumulative and in addition to other existing rights. The
right of eminent domain and the remedy of condemnation of lands
shall not be affected hereby. This article shall not apply to
burial grounds governed by the provisions of article five, chapter
thirty-five of this code or by the provisions of section eight-a, article one, chapter twenty-nine of this code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that
would be added.