COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 87
(By Senators Ross, Anderson, Ball and Sharpe)
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[Originating in the Committee on Judiciary;
reported January 27, 1999.]
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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;
authorizing certain persons access to cemeteries or grave
sites on private lands; creating cause of action for
injunctive relief; requiring visitors to conduct themselves
in a responsible manner; and limiting the use of motor
vehicles on such private lands.
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. 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 or devisee of a deceased
person, family member of a deceased person or person interested
in engaging in genealogy research who has given reasonable notice
to the owner of record or to the occupant of the property, or to
both the owner and the occupant, shall have the right of ingress
and egress to a family or private cemetery or grave site located
on private lands. The right of ingress and egress granted under
the provisions of this section shall be for the purpose of
visiting or maintaining the grave site or cemetery or for the
purpose of conducting research.
(b) Any person denied access under the provisions of this
section may institute a proceeding in the circuit court of the
county in which the cemetery or grave site is located 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.
(c) All persons exercising access to a grave site or
cemetery under the provisions of this section are responsible for
conducting themselves in a manner that does not damage the
private lands or the cemetery or grave site and are liable to the
owner of the private lands for any damage caused as a result of
such access. The access to a cemetery or grave site 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 and the owner has given written permission to use such
road or right-of-way.
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(Note: This bill would permit access to family or private
cemeteries or grave sites to cemetery plot owners, heirs or
devisees of deceased persons and persons engaging in genealogy
research. Any such person denied access after reasonable notice
to the owner and/or occupant would have a cause of action for
injunctive relief. Such person would be liable for any damages
resulting from such access and would be prohibited from operating
a motor vehicle on the property unless a road or adequate right
of way exists and the wonerowner has given written permission to use
the same.
This section is new; therefore strike-throughs and
underscoring have been omitted.)