South Carolina General Assembly
115th Session, 2003-2004

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Bill 122


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.

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.    An easement exists for descendents of persons interred on real property whether or not the document transferring the property grants such an easement or expressly indicates the presence of burial grounds on the property. The right of ingress and egress permitted pursuant to the easement must be exercised at seasonable times and in a reasonable manner for the limited purpose of visiting, repairing, and maintaining the burial grounds. Activities associated with this purpose may not unnecessarily injure the owner of the land in its current use."

SECTION    2.    This act takes effect upon approval by the Governor.

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