House Bill 946

AN ACT TO REQUIRE AN OWNER OF PROPERTY ON WHICH A CEMETERY OR BURIAL PLOT IS LOCATED TO OFFER FIRST FOR SALE TO AN HEIR OR ASSIGNS OF THE DECEASED; TO REQUIRE AN OWNER OF PROPERTY ON WHICH A CEMETERY OR BURIAL PLOT IS LOCATED TO GRANT AN EASEMENT TO AN HEIR OR ASSIGNS OF THE DECEASED FOR VISITATION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any person who owns property on which a cemetery or burial plot is located and the owner wishes to use the property for some purpose other than as a cemetery or burial plot or sell such property to someone who desires to use the land for some purpose other than as a cemetery or burial plot, such owner shall offer the property first for sale to the heirs or assigns of the deceased for fair market value. The owner of such property shall include an easement to the cemetery or burial plot within the fair market value sale price offered to the heir or assign.

(2) Any person who owns property on which a cemetery or a burial plot is located shall grant an easement to the cemetery or burial plot to the heirs or assigns of the deceased for visitation to the cemetery or burial plot.

SECTION 2. This act shall take effect and be in force from and after its passage.