AN ACT TO CREATE NEW SECTION 41-43-9, 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 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; 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.
Impact
The bill introduces specific provisions for managing access to cemeteries on private land, aiming to strike a balance between the rights of landowners and the interests of individuals seeking access to graves or burial sites. By imposing a duty on landowners to permit access to certain groups, the legislation addresses the needs of families and researchers while outlining their responsibilities to avoid damage during their visits. The immunity from liability offered to landowners in civil actions arising from access granted by this law is a notable aspect, protecting them from potential lawsuits as long as gross negligence is not demonstrated.
Summary
House Bill 668 aims to establish a new section in the Mississippi Code of 1972 concerning private lands that contain cemeteries, graves, or burial sites. This legislation mandates that owners and lessees of such private properties must allow reasonable access to specified individuals, including family members, plot owners, and researchers, provided they give reasonable notice to the landowner. This new regulation seeks to facilitate the respectful visitation and maintenance of burial sites while ensuring that the rights of landowners are respected.
Contention
Potential points of contention may arise concerning what constitutes 'reasonable access' and the designation of access routes, times, and frequency by landowners. Critics might argue about the implications for privacy and the ability of landowners to exercise control over their property. Meanwhile, supporters may emphasize the bill's role in preserving historical and cultural research, as it allows genealogists and historians the opportunity to conduct research vital to understanding family histories and local heritage.