Cemeteries on private property; provide right of access to for certain persons.
The bill fundamentally alters the obligations of landowners with regards to burial sites on their property. It creates a legal expectation for landowners to permit access, thereby recognizing the cultural and familial significance of cemeteries. In doing so, the law seeks to strike a balance between the rights of individuals seeking access to historical and familial ties while protecting the landowners from potential liabilities related to those visits. The immunity granted to landowners for civil actions arising from these circumstances, barring gross negligence or misconduct, further complicates the legal landscape surrounding property rights and access rights.
House Bill 711 seeks to establish a new section within the Mississippi Code that mandates owners and lessees of private land containing cemeteries, graves, or burial sites to allow reasonable access to specific individuals. This access is granted to family members, cemetery plot owners, and persons engaged in historical or genealogical research, provided they notify the landowners or lessees in advance. The bill aims to facilitate access to burial sites for the purposes of visitation, maintenance, and research, while ensuring that the rights of private property owners are respected.
One potential area of contention surrounding HB 711 may relate to the definition of 'reasonable access,' as it allows landowners to set parameters for visitation. This could lead to disagreements over what constitutes 'reasonable' in different contexts, particularly in areas with significant historical or cultural relevance. Additionally, there may be concerns regarding how broadly these access rights can be interpreted and enforced, as well as the implications for landowners who might face unforeseen damages or liabilities resulting from these visits.