Providing protection for property owner when someone visiting private cemetery causes damage to property
The bill is significant as it enhances protections for landowners who allow visitors to access cemeteries on their property. By clearly defining the rights of access for cemetery visitations, the legislation seeks to limit potential conflicts between landowners and visitors. Furthermore, it establishes the required notification process that visitors must follow, potentially easing tensions and misunderstandings regarding land access. Additionally, it ensures that any damage caused by visitors is their responsibility, thus protecting property owners from potential legal repercussions.
Senate Bill 257 aims to amend existing laws regarding access to cemeteries situated on privately owned land in West Virginia. The bill authorizes individuals wishing to visit such cemeteries to have reasonable ingress and egress, provided they notify the property owner in advance. This access is specifically for certain purposes such as visiting graves, conducting genealogy research, maintaining grave sites, and burying deceased persons. The bill stipulates that landowners are not liable for personal injury or property damage that occurs in connection with the access to these sites if they act in good faith and reasonably.
Discussions surrounding SB 257 have generally been favorable, reflecting a positive sentiment towards protecting landowners’ rights and clarifying visitation protocols. Supporters appreciate the balance the bill strikes between granting access to cemeteries and safeguarding property owner interests. However, there may be some contention regarding how 'reasonable' notice and access are defined, and whether these provisions adequately address all potential concerns of landowners and visitors alike.
While the bill appears to gain support and aims to streamline processes, there could be points of contention regarding the interpretation of 'reasonable' in terms of notice and access times. Property owners must maintain the ability to designate routes for access, but this could lead to disputes if not clearly communicated. Furthermore, the bill specifies conditions under which property owners are exempt from liability, which requires careful consideration to ensure that it does not inadvertently discourage landowners from permitting access to cemeteries.