Cemeteries on private property; provide right of access to for certain persons.
Impact
The legislation is expected to clarify the access rights of individuals wishing to visit cemeteries located on private property while explicitly outlining the responsibilities and limitations associated with that access. Specifically, it establishes that any persons entering the private land must conduct themselves in a manner that does not cause damage and may be held liable for any damages incurred during their access. This could have significant implications for how families gather to mourn and maintain their loved ones' resting places, ensuring that their rights are protected under state law.
Summary
House Bill 309 proposes the creation of Section 41-43-9 of the Mississippi Code of 1972, which mandates that owners and lessees of private land containing cemeteries, graves, or burial sites must provide reasonable access to certain individuals. This includes family members, friends, descendants of the deceased, cemetery plot owners, and individuals engaged in genealogical, historical, or cultural research, provided they give reasonable notice to the landowner or lessee. The bill aims to balance the rights of landowners with the public's desire to access burial sites for various commemorative and study purposes.
Contention
Debates surrounding HB 309 may center on the balance of property rights and cultural or familial obligations. Some stakeholders may argue that while access provisions are essential for maintaining familial connections to burial sites, landowners could have concerns regarding liability and the potential for trespassing or damage. The bill seeks to mitigate these issues by including immunity provisions for landowners against civil actions arising from access, with exceptions for gross negligence or willful misconduct. This aspect of the bill may lead to discussions on how to equitably protect both landowners and individuals seeking access to family graves.