State of South Dakota
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NINETIETH SESSION LEGISLATIVE ASSEMBLY, 2015 |
921W0163 | HOUSE ENGROSSED NO. HB 1095 - 02/04/2015 |
Introduced by: Representatives Stalzer, Beal, Bordeaux, Feickert, Heinemann (Leslie),
Kaiser, Kirschman, McCleerey, Qualm, Ring, Rounds, Schrempp, Verchio,
and Wiik and Senators Jensen (Phil), Buhl O'Donnell, Haggar (Jenna), Olson,
Otten (Ernie), Tieszen, and Vehle
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FOR AN ACT ENTITLED, An Act to provide access to abandoned cemeteries and private
burying grounds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 7-26 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 7-26 be amended by adding thereto a NEW SECTION to read as follows:
Any person who wishes to visit an abandoned cemetery or private burying ground that is
completely surrounded by privately owned land, and that has no available public ingress or
egress, has the right to reasonable ingress or egress for the purpose of visiting the cemetery. This
right of access to the cemetery extends for visitation and maintenance during reasonable hours
after obtaining the consent of the landowner, which consent may not be unreasonably withheld.
The owner of the land surrounding the cemetery may designate the route for reasonable access.
The sheriff of the county in which the abandoned cemetery or private burying ground is located
shall enforce the provisions of this section.
170 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.098 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |