South Carolina General Assembly
115th Session, 2003-2004

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Bill 122

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COMMITTEE REPORT

February 18, 2003

S. 122

Introduced by Senators Moore, Elliott and Reese

S. Printed 2/18/03--S.

Read the first time January 14, 2003.

            

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (S. 122) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

J. VERNE SMITH for Committee.

            

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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