Bill Text: MS HB549 | 2018 | Regular Session | Introduced
Bill Title: Cemeteries; authorize the right to acquire a convenient right-of-way for relatives.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2018-01-30 - Died In Committee [HB549 Detail]
Download: Mississippi-2018-HB549-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Barton
House Bill 549
AN ACT TO CREATE NEW SECTION 41-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHERE A CEMETERY OR GRAVEYARD HAS BEEN USED BY THE PUBLIC FOR 20 YEARS OR MORE AND NO PART OF THE CEMETERY OR GRAVEYARD IS ADJACENT TO ANY PUBLIC ROAD OR HIGHWAY, ANY PERSON WHO HAS RELATIVES BURIED IN THE CEMETERY OR GRAVEYARD SHALL HAVE THE RIGHT TO ACQUIRE A CONVENIENT RIGHT-OF-WAY OVER THE LANDS LYING BETWEEN THE CEMETERY OR GRAVEYARD AND THE NEAREST PUBLIC ROAD OR HIGHWAY; TO CREATE NEW SECTION 41-43-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT OWNERS AND LESSEES OF PRIVATE LAND ON WHICH A CEMETERY, GRAVES OR BURIAL SITES ARE LOCATED SHALL HAVE A DUTY TO ALLOW REASONABLE ACCESS TO THE CEMETERY, GRAVES OR BURIAL SITES BY CERTAIN PERSONS WHO HAVE GIVEN REASONABLE NOTICE TO THE OWNER OR LESSEES; TO PROVIDE THAT ANY PERSON ENTERING ONTO PRIVATE LAND AS AUTHORIZED BY THIS SECTION SHALL BE RESPONSIBLE FOR CONDUCTING HIMSELF IN A MANNER THAT DOES NOT DAMAGE THE PRIVATE LAND, CEMETERY, GRAVESITE OR BURIAL SITE, AND SHALL BE LIABLE TO THE OWNER OR LESSEE OF THE PROPERTY FOR ANY DAMAGE CAUSED AS THE RESULT OF HIS ACCESS; TO PROVIDE IMMUNITY FROM LIABILITY TO THE LANDOWNER AND LESSEE IN ANY CIVIL ACTION ARISING OUT OF THE ACCESS GRANTED BY THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-3-9, Mississippi Code of 1972:
41-43-9. Where a cemetery or graveyard has been used by the public as a place for burying the dead for twenty (20) years or more and no part of the cemetery or graveyard is adjacent or contiguous to any public road or highway, any person or persons who have relatives or relations buried in the cemetery or graveyard shall have the right to acquire and may acquire a convenient right-of-way, not exceeding in width fifteen (15) feet, over the lands intervening and lying between the cemetery or graveyard or body of land on which the same is situated and the public road or highway nearest or most convenient thereto.
SECTION 2. The following shall be codified as Section 41-43-11, Mississippi Code of 1972:
41-43-11. (1) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves or burial sites by (a) family members, friends, or descendants of deceased persons buried there; (b) any cemetery plot owner; and (c) any person engaged in genealogical, historical or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both.
(2) (a) The right of ingress and egress granted by this section shall be reasonable and limited to the purposes of visiting graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting genealogical, historical or cultural research, or, in the case of a plot owner, burying a deceased person in the plot.
(b) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously visible from a view of the property, provided that the designation is reasonable for the purposes set out above.
(3) (a) Any person entering onto private land as provided in this section shall be responsible for conducting himself or herself in a manner that does not damage the private land, cemetery, gravesite or burial site, and shall be liable to the owner or lessee of the property for any damage caused as the result of his or her access.
(b) The landowner and lessee, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, action or cause of action arising out of the access granted by this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
