ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 65

(By Senators Ross, Buckalew, Fanning, Sharpe, Anderson and

Minear)

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[Originating in the Committee on the Judiciary;

reported March 5, 1998.]

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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 graves on private lands; and authorizing injunctive relief to allow certain persons access to grave sites and cemeteries.

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 of certain persons to cemeteries or grave sites on private lands.

(a) Notwithstanding any other provision of law to the contrary, any cemetery plot owner, heir of deceased persons, family member of deceased persons or person interested in engaging in genealogy research who is denied access to family or private cemeteries or grave sites located on private lands for the purposes of visiting or maintaining the grave sites or cemetery or for purposes of research may institute a proceeding in circuit court to enjoin the owner of the private lands on which the cemetery or grave site is located, or his or her agent, from denying such person ingress and egress to the cemetery or grave site for such purposes: Provided, That the circuit court may require any person seeking access to a private cemetery or grave site under this section to give the owner of the lands on which the cemetery or grave site is located prior notice of each visit.
(b) All persons obtaining access to the grave site or cemetery are responsible for conducting themselves and their visits in a manner that does not damage the private lands or the cemeteries or grave sites and are liable to the owners of the private lands for any damage caused. Access to cemeteries or grave sites on private lands conferred by this section does not include the right to operate motor vehicles on the private lands, unless there is a road or adequate right-of-way that permits access by motor vehicle.