MS HB1158

Creates a legal procedure allowing individuals to petition chancery court for access to graves or abandoned public cemeteries located on private property when the landowner's consent cannot be obtained

Petitioner must demonstrate reasonable grounds to believe a grave exists on the property, prove they are a descendant of the deceased or have special interest in the cemetery, and show access would not unreasonably interfere with the landowner's enjoyment

Court orders may specify permitted dates and daylight hours for visits, designate a specific route for entry and exit, and grant periodic access rights for ongoing maintenance after initial restoration

Courts may require petitioners to post surety bonds protecting landowners against damages and may order petitioners to pay reasonable damages and costs regardless of the petition's outcome

Effective July 1, 2021