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.
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(NOTE: The purpose of this bill is to permit access to
family or private cemeteries or grave sites 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 visiting or maintaining the grave sites or
the cemetery or for research. It further makes the visitors
liable to landowners for damages.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)