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2008 SESSION

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HB 1422 Cemeteries; access thereto located on private property.

Introduced by: Kenneth C. Alexander | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Cemeteries; access to cemeteries and graves located on private property; injunctive relief.  Allows the court to award reasonable attorney fees and costs to a petitioner who was wrongly denied access to a cemetery.

SUMMARY AS INTRODUCED:

Cemeteries; access to cemeteries and graves located on private property; injunctive relief.  Adds designees of family members or descendants of the deceased person buried in the cemetery and individuals who have a special interest in the cemetery or grave to the list of persons who may petition the circuit court to enjoin the owner from denying reasonable access. The bill also requires the court to grant the relief if it finds (i) there are reasonable grounds to believe that the cemetery or grave is located on the property; (ii) the petitioner is a descendent of the deceased or a designee of such individual, a cemetery plot owner, or has a special interest in the cemetery or grave; and (iii) the entry on the property would not unreasonably interfere with the enjoyment of the property by the landowner.