Hello Bev, The owner of the property has no right to touch this cemetery under VA Law. Hezekiah Whitt is my 5th g g'father. Debra If the cemetery is unused or abandoned, Tazewell Co may acquire title to it. http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+57-36+500977 § 57-36. Abandoned graveyards may be condemned; removal of bodies. When a graveyard, wholly or partly within any county, city or town, has been abandoned, or is unused and neglected by the owners, and such graveyard is necessary, in whole or in part, for public purposes, authorized by the charter of such city or town, or by the general statutes providing for the government of counties, cities and towns, such county, city or town may acquire title to such burying ground by condemnation proceedings, to be instituted and conducted in the manner and mode prescribed in the statutes providing for the exercise of the power of eminent domain by counties, cities and towns. The court taking jurisdiction of such case may, in its discretion, require the county, city or town to acquire the whole burying ground, in which event the county, city or town may use such part thereof as may be necessary for its purposes and sell the residue. The court, however, shall direct that the remains interred in such graveyard, if possible so to do, be removed to some repository used and maintained as a cemetery. (Code 1919, § 54; 1985, c. 95.) ~ ~ ~ ~ ~ ~ Any person who willfully or maliciously destroys ... http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-127+402085 § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty. A. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor: 1. Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association; 2. Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or 3. Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association. B. Any person who willfully or maliciously destroys, mutilates, defaces, injures, or *removes any object* or structure permanently attached or affixed within any church or on church property, any tomb, monument, gravestone, or other structure *placed within any cemetery, graveyard, or place of burial,* or within any lot belonging to any memorial or monumental association, *or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony.* A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery regardless of whether the property damaged is owned by the cemetery or by another person. C. This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, "church" shall mean any place of worship, and "church property" shall mean any educational building or community center owned or rented by a church. (Code 1950, § 18.1-244; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 561; 1983, c. 579; 1990, c. 510; 2004, c. 203.)