MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary, Division A

By: Senator(s) Doxey

Senate Bill 2476

(As Passed the Senate)

AN ACT TO CREATE A RIGHT OF ACCESS TO VISIT A CEMETERY OR PRIVATE BURIAL GROUNDS FOR WHICH NO PUBLIC INGRESS OR EGRESS IS AVAILABLE; TO LIMIT THE LIABILITY OF LANDOWNERS REQUIRED TO CEDE ACCESS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Any person who wishes to visit a cemetery or private burial grounds for which no public ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds for family or genealogical research purposes only.  This right of access extends only to visitation during reasonable hours.  The owner shall be given a written notice by the person seeking entry at least two (2) days before the desired entry.

     (2)  The owner or owners of the lands surrounding the cemetery or private burial grounds may designate the routes of reasonable ingress and egress.

     (3)  Any person exercising the right to visit a cemetery or private burial grounds shall be considered a licensee as opposed to an invitee for purposes of determining liability of the landowner.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.