Bill > SB257

This bill clarifies and protects the rights of private property owners when individuals seek access to cemeteries or grave sites located on their land. The legislation establishes that authorized persons can access private cemeteries with reasonable notice (defined as written notice at least 10 days prior to the visit) for specific purposes such as visiting graves, maintaining the site, burying deceased persons, and conducting genealogical research. The property owner may designate the access route and is not required to improve the route or make significant property modifications. Importantly, the bill provides liability protection for property owners who act in good faith and reasonably when allowing cemetery access. Additionally, the bill explicitly states that individuals conducting familial or social visits to a cemetery are personally liable for any damage they cause to the property, with the exception of cases where the visitor is an agent of the property owner. The law aims to balance the rights of those seeking to visit or maintain family burial sites with the property rights of landowners, ensuring a clear framework for cemetery access while protecting landowners from undue burden or legal risk.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=257&year=2025&sessiontype=RS&btype=bill