MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Carlton

AN ACT TO AMEND SECTION 41-43-47, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OBLIGATION OF THE OWNER OF A CEMETERY IN THE CARE OF CEMETERY PROPERTY; TO PROVIDE PENALTY FOR BREACH OF THAT OBLIGATION; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-43-47, Mississippi Code of 1972, is amended as follows:

41-43-47. (1) The owner of any nonperpetual care cemetery may make and enforce reasonable rules and regulations for the use, care, control, management, restriction and protection of such cemetery.

(2) The owner of any perpetual care cemetery shall make and enforce reasonable rules and regulations for the use, care, control, management, restriction and protection of such cemetery.

(3) The owner of any perpetual care cemetery shall provide reasonable care and maintenance of the cemetery property and keep the cemetery in a good state of repair and upkeep at least to the extent of the available income of the endowment.

(4) Whenever it reasonably appears to the court upon complaint filed with the chancery court having jurisdiction thereof by the family, legal representative or next of kin of any owner or purchaser of any lot, plot, grave, crypt, niche or burial space within a perpetual care cemetery that (a) such cemetery is not providing reasonable care or maintenance or (b) such cemetery is not enforcing reasonable rules and regulations, then it shall be within the authority of the chancery court to fine the perpetual care provider Twenty-five Dollars ($25.00) per day until such time that the breach is remedied.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.