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COMMITTEE REPORT
May 9, 2007
S. 65
Introduced by Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott
S. Printed 5/9/07--H.
Read the first time February 14, 2007.
To whom was referred a Bill (S. 65) to amend the Code of Laws of South Carolina, 1976, by adding Section 27-5-75, to provide a right of ingress and egress to a cemetery, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 43, Title 27 of the 1976 Code is amended by adding:
Section 27-43-310. (A)(1) Owners of private property on which a cemetery or graves are located shall allow ingress and egress to the cemetery or graves by:
(a) family members and descendants of deceased persons buried there or an agent who has the written permission of family members or descendants;
(b) a cemetery plot owner;
(c) a person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property, or both.
(2) The landowner may designate the frequency of access, hours and duration of the access, and the access route if no traditional access route is obviously visible by a view of the property.
(3) The landowner, in the absence of gross negligence or wilful misconduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.
(B)(1) The right of ingress and egress granted to persons specified in subsection (A) must be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research.
(2) The right of ingress and egress may not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.
(C) A person engaging in genealogy research, who has received the permission of the owner of record or the occupant of the property, or both.
(D) A person denied reasonable access pursuant to the provisions of this section may bring an action in the circuit court or the magistrates court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting this relief, the court may set the frequency of access, hours, and duration of the access.
(E) The provisions of this section do not apply to a deed or other written instrument that creates or reserves a cemetery or gravesite on private property.
(F) The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either subject to the rights of access of the persons listed in subsection (A) or the subject of a court order as provided in subsection (D)."
SECTION 2. Section 27-43-10 through Section 27-43-40 of the 1976 Code are designated as Article 1 of Chapter 43, Title 27 and entitled "Removal of Abandoned Cemeteries", and Chapter 43 of Title 27 of the 1976 Code is reentitled "Cemeteries".
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 27 of the 1976 Code is amended by adding:
"Section 27-5-75. (A) A landowner of private property on which a cemetery, burial ground, or grave is located must allow ingress and egress to the cemetery, burial ground, or grave by any of the following persons who have entered into a mutual agreement with a landowner of the private property, or an agent of a landowner of the private property, or an occupant of the private property acting on behalf of a landowner and with a landowner's permission, establishing reasonable terms of visitation:
(1) family members, close friends, or descendants of deceased persons buried on the property;
(2) persons lawfully participating in a burial;
(3) a cemetery or burial plot owner; or
(4) a person engaging in genealogy research.
(B) The right of ingress and egress granted to persons specified in subsection (A) is limited to the purposes of:
(1) visiting graves;
(2) maintaining the gravesite or cemetery;
(3) lawfully burying a deceased person in a cemetery or burial plot by those granted rights of burial to that plot; or
(4) conducting genealogy research.
(C) A person exercising ingress or egress to a cemetery, burial ground, or grave under the provisions of this section is responsible for conducting himself in a manner that does not damage the private property or the cemetery, burial ground, or grave, and is liable to the landowner of the private property for any damage caused as a result of the ingress or egress.
(D) The ingress or egress to a cemetery, burial ground, or grave on private property conferred by this section does not include the right to operate motor vehicles on the private property unless a road or adequate right-of-way exists that permits access by motor vehicles and the landowner has given written permission to use motor vehicles on the road or right-of-way.
(E) In the absence of a mutual agreement or if a person is denied ingress and egress under the provisions of this section, then a landowner, or his agent, or an occupant of the private property acting on behalf of a landowner and with a landowner's permission, or a person denied ingress and egress may institute a proceeding in the magistrate's court of the county in which the cemetery, burial ground, or grave is located. In granting relief to either party, the magistrate may deny the ingress and egress or set the frequency, hours, and duration of the ingress and egress. The provisions of this subsection do not authorize a magistrate to make determinations concerning the title of property or establish an easement across property.
(F) Except as specifically provided in this section or by a mutual agreement, the landowner who permits, without charge, any person who seeks permission to use the property for the limited purposes set out in subsection (B), does not thereby:
(1) extend any assurance that the premises are safe for any purpose;
(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) assume responsibility for or incur liability for an injury to person or property caused by an act by or omission of a person using the property.
(G) Nothing in this section limits in any way any liability which otherwise exists for grossly negligent, willful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(H) The provisions of this section do not apply to any deed or other written instrument executed prior to the effective date of this section which creates or reserves a cemetery, burial ground, or grave on private property, and which specifically sets forth terms of ingress and egress.
(I) The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either the subject of a mutual agreement between the persons listed in subsection (A) or the subject of a magistrate's order as provided in subsection (E)."
SECTION 2. This act takes effect upon approval by the Governor.
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