MS HB281

Allow persons unable to obtain landowner consent to petition chancery court for access to enter and exit property containing a grave or abandoned public cemetery for discovery, restoration, maintenance, or visitation purposes.

Court must find all three conditions are met: reasonable grounds the grave or cemetery is on the property, petitioner is a descendant or has special interest in the grave or cemetery, and entry would not unreasonably interfere with landowner's property enjoyment.

Court orders may specify dates and daylight hours for access, grant periodic visitation rights, designate a specific route for entry and exit, require surety bonds to protect against damages, and direct petitioner to pay reasonable damages and costs to the landowner.

Trial must occur within seven days after service of process (or thirty days after first publication if process by publication is used), with all property owners, lienholders, and interested parties named as defendants.

Effective date: July 1, 2020.