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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 15, 2007
S. 65
Introduced by Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott
S. Printed 5/15/07--H.
Read the first time February 14, 2007.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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 received the permission of the owner of record or 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 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.
(D) 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.
(E) 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 (C)."
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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