SB 1066
Protecting burial rights and lot ownerships for cemeteries and burial grounds
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, Senate Bill 1066, aims to protect burial rights and cemetery lot ownerships in West Virginia. It establishes a framework to ensure cemeteries are properly maintained, prevents abandonment, and addresses situations where cemeteries lack responsible owners. The bill also clarifies the rights of lot owners and provides the state with authority to intervene in cases of endangered or abandoned cemeteries.
Key provisions
- Defines key terms like ‘abandoned cemetery,’ ‘cemetery operator,’ and ‘lot owner’ to ensure consistent understanding.
- Guarantees lot owners reasonable access to cemeteries for interment purposes.
- Prohibits cemetery operators from arbitrarily limiting burial access or imposing unnecessary services.
- Protects lot ownership interests, preventing retroactive changes to burial rights.
- Establishes a duty of continuity for cemetery operators, prohibiting abandonment without lawful transfer.
- Requires multi-cemetery operators to maintain performance bonds to cover ongoing care and closure obligations.
- Grants the Attorney General authority to petition for receivership of failed or abandoned cemeteries.
- Creates a Cemetery Preservation and Emergency Response Fund to support cemetery protection and stabilization.
Who is affected
- Cemetery owners and operators
- Lot owners and their families
- Funeral establishments
- The Attorney General
- The general public (through protection of burial grounds)
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