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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 has a duty to 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 the landowner or the occupant of the property, or with both the landowner and occupant of the property, 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 the landowner or 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.
(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."
SECTION .2 This act takes effect upon approval by the Governor.
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