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.