Senate Bill No. 523
(By Senators Ross, Sharpe and Scott)
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[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend article thirteen, chapter thirty-seven of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section eight, relating to real property; graves on private
lands; authorizing access to all such property under certain
circumstances; and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article thirteen, chapter thirty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
eight, to read as follows:
ARTICLE 13. REMOVAL, TRANSFER AND DISPOSITION OF REMAINS IN
GRAVES LOCATED UPON PRIVATELY OWNED LANDS.
§37-13-8. Access to cemeteries on private lands; penalties.
(a) Notwithstanding any other provision of law to the
contrary, cemetery plot owners, heirs of deceased persons, family
members of deceased persons and persons interested in engaging in
genealogy research may not be denied access to family or private
cemeteries located on private lands for the purposes of
visitation of the grave sites, maintenance of the grave site or
cemetery or research. All such persons are responsible for
conducting themselves and their visits to these cemeteries in a
manner that does not damage the private lands or the cemeteries
and these persons are liable to the owners of the private lands
for any damage caused. The access to cemeteries on private lands
conferred by this section does not include the right to operate
motor vehicles on the private lands or cemeteries, unless there
is a road or adequate right-of-way that permits access by motor
vehicle.
(b) A person who denies access to any family or private
cemetery located on private lands for the purposes of visitation
of the grave sites, maintenance of the grave site or cemetery or
research, either by himself or herself or through an agent, is
guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars,
and may be imprisoned in the county jail for not less than ten
days nor more than six months or both fined and imprisoned.
NOTE: The purpose of this bill is to permit access to
family or private cemeteries by cemetery plot owners, heirs of
deceased persons, family members of deceased persons and persons
interested in engaging in genealogy research for the purposes of
visitation of the grave sites, maintenance of the grave site or
cemetery or research. It further makes the visitors liable to
landowners for damages and the landowners subject to criminal
penalties for denying access.
Section 8 is new; therefore, strike-throughs and
underscoring have been omitted.