The main provision of SB168 grants individuals the right to reasonable ingress or egress to these abandoned cemeteries for visitation and maintenance purposes. However, this access is conditioned upon the consent of the landowner, who cannot unreasonably deny such requests. The bill seeks to balance the rights of the public to access these cemeteries while still respecting the rights of private property owners. Moreover, the local sheriff is designated as the officer responsible for enforcing this right, thereby adding a layer of accountability and order to the process.
Summary
Senate Bill 168, introduced by Senator Schoenfish, aims to provide public access to abandoned cemeteries located on privately owned lands. This bill recognizes the need for individuals to visit and maintain cemeteries where public records of burials exist but which are not easily accessible due to being surrounded by private property. The proposed legislation directly addresses the challenge faced by families and individuals who wish to pay their respects to loved ones buried in such locations.
Contention
The bill's implications may spark debate regarding property rights versus the public's interest in maintaining historical and familial connections to abandoned cemeteries. While supporters may argue that the bill enhances cultural and emotional health by allowing families to connect with their past, opponents might express concerns about potential disputes over land access and the definition of 'reasonable' visitation. Additionally, there could be worries about the enforcement of such access and the responsibilities placed on landowners regarding cemetery maintenance.