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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43, OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A CEMETERY OR GRAVES ARE LOCATED MUST ALLOW INGRESS AND EGRESS TO THE CEMETERY BY FAMILIES OF PERSONS BURIED THERE, PLOT OWNERS, AND PERSONS CONDUCTING GENEALOGY; TO AUTHORIZE THE PROPERTY OWNER TO DESIGNATE TIMES AND FREQUENCY OF ACCESS; TO PROVIDE THAT THE PROPERTY OWNER IS IMMUNE FROM LIABILITY IN ANY ACTION ARISING OUT OF GRANTING SUCH ACCESS; TO ESTABLISH A CAUSE OF ACTION FOR DENIAL OF REASONABLE ACCESS; AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO A DEED THAT CREATES OR RESERVES A CEMETERY ON PRIVATE PROPERTY; AND TO DESIGNATE SECTIONS 27-43-10 THROUGH 27-43-40 AS ARTICLE 1 OF CHAPTER 43, TITLE 27, ENTITLED "REMOVAL OF ABANDONED CEMETERIES" AND TO REENTITLE CHAPTER 43, TITLE 27 AS "CEMETERIES".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 43, Title 27 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;
(b) any cemetery plot owner;
(c) any 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 must 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 entering onto private property to access a gravesite or cemetery shall conduct himself in a manner that does not damage the private lands or the cemetery or gravesites and is liable to the owner of the property for any damage caused as a result of his access.
(D) A person denied reasonable access under the provisions of this section may bring an action in the circuit 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 any deed or other written instrument that creates or reserves a cemetery or gravesite on private property."
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.
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