DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 856 Engrossed 2016 Regular Session Huval
Abstract: Provides a limitation of liability for property owners who grant a voluntary right of
passage to an adjoining enclosed cemetery.
Proposed law provides that an owner of property adjoining an enclosed cemetery who voluntarily
grants a right of passage to persons who desire to have access to an enclosed cemetery shall not be
liable for any injury, death, loss, or damages to persons using the voluntary right of passage.
Proposed law provides that an owner granting the voluntary right of passage owes no duty of care
to keep such property safe for entry or use by persons using the right of passage, and that the owner
is not extending an assurance that the property is safe, or assuming responsibility for or incurring
liability for any injury, death, loss, or damages to persons or property caused by any act of a person
using the voluntary right of passage.
Provides that proposed law shall not apply to intentional or grossly negligent acts by the adjoining
property owner.
Proposed law specifies that the granting of the voluntary right of passage shall be revocable at any
time, and that no acquisitive prescriptive period shall apply.
Proposed law defines "adjoining property", "enclosed cemetery", and "voluntary right of passage".
(Adds R.S. 9:2800.23)