Provide access to abandoned cemeteries to descendants of the decedents interred therein.
Impact
The bill mandates that descendants who wish to visit or maintain an abandoned cemetery must obtain consent from the landowner for each visit. Importantly, landowners are restricted from withholding permission without reasonable cause, implying a balance between private property rights and the need for public access to historical burial sites. This legislative change is designed to facilitate personal connections to heritage while addressing property rights and land use.
Summary
Senate Bill 144 aims to improve access to abandoned cemeteries for the descendants of those interred within them. The bill defines an abandoned cemetery as one where no burial has occurred for at least five years and which has not seen maintenance by any individual, church, or civic organization over the same period. This legislation recognizes the right of descendants to reach these cemeteries, even if they are surrounded by privately owned land, enhancing the ability of families to maintain their loved ones' graves.
Contention
The proposed bill has prompted discussions concerning the balance between individual rights to cemetery access versus the rights of landowners. Critics of the bill may argue that it places undue burden on landowners by requiring them to allow access to properties they own, while supporters contend that it represents a long-overdue recognition of familial rights. The enforcement of this bill will be under the jurisdiction of local sheriffs, who will ensure compliance with the provisions.
Notable_points
Overall, Senate Bill 144 reflects a legislative effort to resolve issues surrounding burial rights and access to deserted cemeteries, offering descendants a pathway to honor and maintain their family connections. The bill's success in the legislature will depend heavily on navigating the differing perspectives of property rights and familial responsibilities.