MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary A
By: Representative Barton
AN ACT TO CREATE A PROCEDURE TO AUTHORIZE A PERSON TO ENTER AND EXIT PROPERTY UPON WHICH A GRAVE OR ABANDONED PUBLIC CEMETERY IS LOCATED, WHEN THE PERSON CANNOT OBTAIN THE PERMISSION OF THE LANDOWNER; TO REQUIRE A PETITION TO BE FILED IN CHANCERY COURT; TO PRESCRIBE THE GROUNDS UPON WHICH THE CHANCERY COURT SHALL ALLOW ACCESS TO ENTER AND EXIT SUCH; TO PROVIDE THE OPTIONS FOR GRANTING SUCH A PETITION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any person who desires to enter or exit property for the purpose of visiting a grave or abandoned public cemetery, but is unable to obtain the consent of the landowner upon which the grave is located, may petition the chancery court of the county in which the petitioner has reasonable grounds to believe the deceased is buried, or in the case of an abandoned public cemetery, in the county in which the abandoned public cemetery is located for an order to allow the petitioner to enter and exit the property to discover, restore, maintain, or visit the grave or abandoned public cemetery.
(2) The petition shall be verified. The petition shall name the owner(s) of the property at issue, all lienholders and any other person having any interest therein as defendants. Process shall be issued to all defendants in accordance with Rule 81 of the Mississippi Rules of Civil Procedure. The matter of the petition shall be triable within seven (7) days after completion of service of process in any manner other than by publication, or thirty (30) days after the first publication where process is by publication. At the conclusion of the hearing on the petition, the chancellor may issue an order allowing the petitioner to enter the property if the chancellor finds all of the following:
(a) There are reasonable grounds to believe that the grave or abandoned public cemetery is located on the property or that it is reasonably necessary to enter or cross the landowner's property to reach the grave or abandoned public cemetery;
(b) The petitioner, or his or her designee, is a descendant of the deceased, or that the petitioner has a special interest in the grave or abandoned public cemetery; and
(c) Entry on the property would not unreasonably interfere with the enjoyment of the property by the landowner.
(3) In granting the petition, the court's order may:
(a) Specify the dates and the daylight hours that the petitioner may enter and remain on the property;
(b) Grant to the petitioner the right to enter the landowner's property periodically, as specified in the order, after the time needed for initial restoration of the grave or abandoned public cemetery;
(c) Specify a reasonable route from which the petitioner may not deviate in all entries and exits from the property;
(d) Include such other provisions as determined by the court necessary and reasonable to preserve and protect the interests of the parties, including requiring the petitioner to post sufficient surety as determined by the court to protect the landowner against any damages sustained or claims asserted against the landowner arising from the conduct of the petitioner.
(4) The court may also direct the petitioner to pay reasonable damages to the landowner, if any, and costs regardless of the outcome of the petition.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.