Full Text of HB5625 98th General Assembly
HB5625ham002 98TH GENERAL ASSEMBLY | Rep. Charles E. Meier Filed: 3/25/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5625
| 2 | | AMENDMENT NO. ______. Amend House Bill 5625 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Access to Cemeteries on Private Property Act. | 6 | | Section 5. Access to cemeteries located on private | 7 | | property. | 8 | | (a) Owners of private property on which a cemetery or | 9 | | graves are located have a duty to allow ingress and egress to | 10 | | the cemetery or graves by the following individuals who have | 11 | | given reasonable notice, as provided in subsection (b), to the | 12 | | owner of record or to the occupant of the property or both: | 13 | | (1) family members and descendants of deceased persons | 14 | | buried there; or | 15 | | (2) any cemetery plot owner. | 16 | | (b) In order to exercise the ingress and egress provided in |
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| 1 | | subsection (a), a person must give written notice to the owner | 2 | | of record, an agent of the owner of record, or an occupant of | 3 | | the private property acting on behalf of and with permission of | 4 | | the owner of record that: | 5 | | (1) he or she or the person for whom he or she requests | 6 | | ingress and egress meets the statutory requirements | 7 | | provided in subsection (a); and | 8 | | (2) he or she requests a written proposal designating | 9 | | reasonable conditions for the exercise of ingress and | 10 | | egress as provided in subsection (c).
| 11 | | (c) No later than 30 days after receipt of the written | 12 | | notice to exercise the ingress and egress, the owner of record, | 13 | | an agent of the owner of record, or an occupant of the private | 14 | | property acting on behalf and with permission of the owner of | 15 | | record must respond with a written proposal designating | 16 | | reasonable conditions for ingress and egress, including, but | 17 | | not limited to, routes to be used for access, duration of | 18 | | access, and time restrictions for access. | 19 | | (d) The exercise of ingress and egress on the property by | 20 | | persons authorized in subsection (a) must be exercised as | 21 | | reasonably restricted in time and manner by the owner of | 22 | | record, an agent of the owner of record, or an occupant of the | 23 | | private property acting on behalf and with permission of the | 24 | | owner of record. The exercise of ingress and egress must not | 25 | | substantially and unreasonably interfere with the use, | 26 | | enjoyment, or economic value of the property by the owner or an |
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| 1 | | occupant of the private property. | 2 | | (e) A landowner may not erect a wall, fence, or other | 3 | | structure or device that prevents ingress and egress to the | 4 | | cemetery or graves unless the wall, fence, or other structure | 5 | | or device has a gate or other means by which ingress and egress | 6 | | can be accomplished by persons specified in this Section. The | 7 | | landowner may designate the frequency of the access, the hours | 8 | | and duration of the access, and the access route if no | 9 | | traditional access route is obviously visible by a view of the | 10 | | property. | 11 | | (f) The landowner, in the absence of gross negligence or | 12 | | willful misconduct, is immune from liability in any civil suit, | 13 | | claim, action, or cause of action arising out of the access | 14 | | granted pursuant to this Section. | 15 | | (g) The right of ingress and egress granted to persons | 16 | | specified in subsection (a) of this Section shall be reasonable | 17 | | and limited to the purposes of visiting graves and maintaining | 18 | | the gravesite or cemetery. The right of ingress and egress may | 19 | | not be construed to provide a right to operate motor vehicles | 20 | | on the property for the purpose of accessing a cemetery or | 21 | | gravesite unless there is a road or adequate right-of-way that | 22 | | permits access by a motor vehicle and the owner has given | 23 | | written permission to use the road or right-of-way of | 24 | | necessity. | 25 | | (h) Any person entering onto private property to access a | 26 | | gravesite or cemetery is responsible for conducting himself or |
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| 1 | | herself in a manner that does not damage the private lands, the | 2 | | cemetery, or the gravesites and is liable to the owner of the | 3 | | property for any damage caused as a result of his or her | 4 | | access. | 5 | | Section 10. Applicability. This Act does not apply to any | 6 | | deed or other written instrument that creates or reserves a | 7 | | cemetery or gravesite on private property.".
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