Provides a limitation of liability for landowners who grant a right of passage to cemeteries
The enactment of HB 856 highlights an important step in preserving local historic sites while balancing the liabilities faced by property owners. The law stipulates that property owners do not have to ensure the safety of their properties when granting access to these cemeteries, effectively reducing their liability in terms of potential legal claims. Moreover, the bill encourages community engagement with local history and the preservation of cultural heritage by making these sites more accessible to visitors and descendants of those interred there.
House Bill 856 introduces a framework for granting a voluntary right of passage to enclosed cemeteries, specifically those deemed historic. The bill establishes that property owners who allow access to these cemeteries will have limited liability for any injuries or damages that occur during such access. This aims to facilitate the accessibility of historic cemeteries to the public, particularly for personal or historical reasons, while ensuring landowners are protected from legal repercussions arising from potential accidents on their properties.
Overall, the sentiment surrounding HB 856 appears positive, with strong support from historical societies and community organizations advocating for the preservation of local heritage. Legislators acknowledged the importance of making historic cemeteries more accessible to families and researchers while also securing protections for landowners. Nevertheless, some discussions raised concerns about the potential for misuse of the right of passage, particularly regarding how access is granted and monitored.
Despite the general support, the bill presents some points of contention regarding the definitions and parameters of the voluntary right of passage. Critics argue that while limiting liability for landowners is crucial, it must not come at the expense of ensuring that the access provided is safe and respectful. The provisions that allow landowners to limit access times and routes also sparked debate, as it may affect the ability of families to visit cemeteries during significant occasions or throughout the year.