Bill Text: IL HB5625 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Creates the Access to Cemeteries on Private Property Act. Provides that owners of private property on which a cemetery or graves are located have a duty to allow ingress and egress to the cemetery or graves by: (1) family members and descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaging in genealogy research who has given reasonable notice to the owner of record or to the occupant of the property or both. Provides that a landowner may not erect a wall, fence, or other structure or device that prevents ingress and egress to the cemetery or grave unless the wall, fence, or other structure or device has a gate or other means by which ingress and egress can be accomplished. Provides that the landowner may designate the frequency of the access, the hours and duration of the access, and the access route if no traditional access route is obviously visible by a view of the property. Provides that the landowner, in the absence of gross negligence or willful misconduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted. Provides that any person entering onto private property to access a gravesite or cemetery is responsible for conducting himself or herself in a manner that does not damage the private lands, the cemetery, or the gravesites and is liable to the owner of the property for any damage caused as a result of his or her access. Provides that a person denied reasonable access may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or graves. Provides that in granting relief, the court may: (i) set the frequency of the access and the hours and duration of the access; and (ii) award reasonable attorney's fees and costs to the person denied access. Provides that the Act does not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5625 Detail]

Download: Illinois-2013-HB5625-Amended.html

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Rep. Charles E. Meier

Filed: 3/25/2014

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AMENDMENT TO HOUSE BILL 5625
AMENDMENT NO. ______. Amend House Bill 5625 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Access to Cemeteries on Private Property Act.
Section 5. Access to cemeteries located on private
property.
(a) Owners of private property on which a cemetery or
graves are located have a duty to allow ingress and egress to
the cemetery or graves by the following individuals who have
given reasonable notice, as provided in subsection (b), to the
owner of record or to the occupant of the property or both:
(1) family members and descendants of deceased persons
buried there; or
(2) any cemetery plot owner.
(b) In order to exercise the ingress and egress provided in

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subsection (a), a person must give written notice to the owner
of record, an agent of the owner of record, or an occupant of
the private property acting on behalf of and with permission of
the owner of record that:
(1) he or she or the person for whom he or she requests
ingress and egress meets the statutory requirements
provided in subsection (a); and
(2) he or she requests a written proposal designating
reasonable conditions for the exercise of ingress and
egress as provided in subsection (c).
(c) No later than 30 days after receipt of the written
notice to exercise the ingress and egress, the owner of record,
an agent of the owner of record, or an occupant of the private
property acting on behalf and with permission of the owner of
record must respond with a written proposal designating
reasonable conditions for ingress and egress, including, but
not limited to, routes to be used for access, duration of
access, and time restrictions for access.
(d) The exercise of ingress and egress on the property by
persons authorized in subsection (a) must be exercised as
reasonably restricted in time and manner by the owner of
record, an agent of the owner of record, or an occupant of the
private property acting on behalf and with permission of the
owner of record. The exercise of ingress and egress must not
substantially and unreasonably interfere with the use,
enjoyment, or economic value of the property by the owner or an

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occupant of the private property.
(e) A landowner may not erect a wall, fence, or other
structure or device that prevents ingress and egress to the
cemetery or graves unless the wall, fence, or other structure
or device has a gate or other means by which ingress and egress
can be accomplished by persons specified in this Section. The
landowner may designate the frequency of the access, the hours
and duration of the access, and the access route if no
traditional access route is obviously visible by a view of the
property.
(f) The landowner, in the absence of gross negligence or
willful misconduct, is immune from liability in any civil suit,
claim, action, or cause of action arising out of the access
granted pursuant to this Section.
(g) The right of ingress and egress granted to persons
specified in subsection (a) of this Section shall be reasonable
and limited to the purposes of visiting graves and maintaining
the gravesite or cemetery. The right of ingress and egress may
not be construed to provide a right to operate motor vehicles
on the property for the purpose of accessing a cemetery or
gravesite unless there is a road or adequate right-of-way that
permits access by a motor vehicle and the owner has given
written permission to use the road or right-of-way of
necessity.
(h) Any person entering onto private property to access a
gravesite or cemetery is responsible for conducting himself or

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herself in a manner that does not damage the private lands, the
cemetery, or the gravesites and is liable to the owner of the
property for any damage caused as a result of his or her
access.
Section 10. Applicability. This Act does not apply to any
deed or other written instrument that creates or reserves a
cemetery or gravesite on private property.".