GREEN SHEET REDIGEST
HB 856 2016 Regular Session Huval
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
Provides a limitation of liability for landowners who grant a right of passage to
cemeteries.
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 a voluntary right of passage cannot be unreasonably withheld by
the owner, but may be limited to reasonable times and durations and may follow a path
designated by the owner.
Proposed law defines "adjoining property", "enclosed cemetery", and "voluntary right of
passage".
Proposed law applies only to an enclosed cemetery located within a parish having a
population of more than fifty thousand and less than fifty two thousand two hundred
according to the latest federal decennial census.
(Adds R.S. 9:2800.23)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Deleted provision requiring that the granting of the voluntary right of passage
shall be revocable by the owner of the adjoining property at any time, without
the requirement of notice, and no acquisitive prescriptive period shall apply
to the voluntary right of passage.
2. Add provision specifying that a voluntary right of passage cannot be
unreasonably withheld by the owner, but may be limited to reasonable times
and durations and may follow a path designated by the owner.
3. Changed the definition of an enclosed cemetery.
4. Added a provision specifying that the proposed law only applies to an
enclosed cemetery located within a parish having a population of more than
fifty thousand and less than fifty two thousand two hundred according to the
latest federal decennial census.
Page 1 of 1
Prepared by Benjamin A. Huxen, II.