CHAPTER 97
HB 358 – FINAL VERSION
15Mar2011… 0366h
2011 SESSION
06/01
HOUSE BILL 358
AN ACT relative to the maintenance, repair, and preservation of burial grounds.
SPONSORS: Rep. Watters, Straf 4; Rep. J. Sullivan, Rock 1; Rep. Hamm, Merr 4; Rep. D. Hooper, Straf 5; Rep. Carr, Ches 4; Sen. Odell, Dist 8; Sen. Merrill, Dist 21
COMMITTEE: Municipal and County Government
This bill establishes a procedure for volunteer maintenance of burial grounds.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0366h
11-0266
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the maintenance, repair, and preservation of burial grounds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
97:1 Right of Way to Private Burial Ground. Amend RSA 289:14 to read as follows:
289:14 Right of Way to Private Burial Ground. Any person wishing to have a temporary right of entry over private land in order to enter a private burial ground enclosure to which there is no public right of way may apply in writing to the selectmen of a town or the mayor of a city stating the reason for such request, which may include the maintenance, repair, and preservation of the burial ground, and the period of time for which such right is to be exercised. The applicant shall also notify in writing the owner or occupier of the land over which the right of way is desired and obtain the written permission of the owner. The selectmen or mayor, in the exercise of discretion and in consultation with the cemetery trustees, may issue a permit for such temporary right of entry designating the particular place where the land may be crossed. The owner or occupier of the land may recommend the place of crossing which, if reasonable, shall be the place designated by the selectmen or mayor. The person exercising the right of entry shall complete the work on the cemetery and restore the right of way to its original condition, if it is disturbed.
97:2 New Section; Maintenance, Repair, and Preservation of Burial Grounds. Amend RSA 289 by inserting after section 14 the following new section:
289:14-a Maintenance, Repair, and Preservation of Burial Grounds.
I. Any person or organization interested in caring for a burial ground which has not been maintained and the owner of which is unknown, or whose present address in unknown, may petition the selectmen, town council, mayor, or cemetery trustees for permission to clean, maintain, restore, and preserve that burial ground at the person’s or organization’s own expense. Upon approval of this petition on any conditions deemed appropriate, including the permission of the owner of the surrounding property, the selectmen, town council, mayor, or cemetery trustees shall require the person or organization to place an advertisement in a local newspaper providing notice that the burial ground is to be entered and that work is to be done, and notifying persons with a property interest in this burial ground who have objections to come forward by a date certain.
II. A petition under paragraph I may be granted notwithstanding the fact that the burial ground has not been declared abandoned pursuant to the procedure in RSA 289:20.
III. Any city, town, or public body shall be immune from civil liability in any action brought on the basis of any act or omission by any person who voluntarily and without compensation undertakes to maintain or to repair any burying ground.
IV. No private landowner permitting access over his or her property to a burial ground for the purpose of voluntary maintenance or repair of the burial ground shall be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery.
V. After approval and notice required under RSA 635:6, II, any marker, gate, or other material removed for repair shall be stored and kept safely in a manner determined by the selectmen, town council, mayor, or cemetery trustees. Upon approval of the selectmen, town council, mayor, or cemetery trustees, a marker, gate, or other material deemed to be at risk of irreparable damage or loss may be placed permanently in a safe facility and the fact of its removal or replacement made visible in the cemetery or in public records.
97:3 Effective Date. This act shall take effect January 1, 2012.
Approved: May 27, 2011
Effective Date: January 1, 2012