To all List Readers - below is the new Missouri Law concerning cemeteries, signed into law July 07, 1997, by our govenor. this is quite lengthly and will try and get it all in one session. mary SB0058 Sheriff to Enforce Access to Family Cemeteries sponsor: Graves LR number: L0043.02T Fiscal note: 0043-02 Committee: LGED Last Action 05/22/97-Delivered to Governo Journal page: S1636 Title: HCS/SB 58 Effective date: Signed: 07/07/1997 Current Bill Summary HCS/SB 58 - The couny sheriff is responsible for enforcing an individual's right of access to an abandoned family cemetery which is surrounded by private property in the event that the property owner denies such access. any cemetery in the city of St. Suis, owned by the city as a result of a tax sale, may be sold to another cemetery operator. the purchases is not liable for errors made prior to the purchase, or due to the prior owner's lack of adequate records. the purchases is not liable for conditions existing prior to the purchase, unless the conditiins were due to acts of the purchaser, and is exempt for pre-existing deficiencies. The purchases shall register the cemetery as an endowed care cemetery regardless of its prior status. JOAN GUMMELS First Regular Session [Truly agreed to and Finally Passed] House Committee Substitute for SENATE BILL NO. 58 89th GENERAL ASSEMBLY 1997 AN ACT TO REPEAL SECTION 214.132,RAMo 1994, relating to private burial grounds, and to enact in lieu thereof six new sections relating to the same subject. (be it enacted by the General Assembly of the State of Missouri,as follows) Section A. section 214.132, RSMo 1994, is repealed and six new sections enacted in lieu thereof, to be know as sections 214.132, 1, 2, 3, 4 and 5, to read as follows: 214.132. 1. Any peson who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. 2. The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection 1 of this section. [2.] 3. Nothing in section 214.131 and this section shall be construed to limit or modify the power or authority of a court in any action of law or equity to order the disinterment and removal of the remains from a cemetery and interment in a suitable location Section Any cemetery located in a city not within a county, which has become the property of such city pursuant to section 214.205,RSMo, or a public tax sale may be sold to another cemetery operator or a not for profit corporation which is unrelated to the previous cemetery operator. Section 2. Any cemetery operator who purchases a cemetery from a city not within a county pursuant to sections 1 to 5 of this act shall not be liable for any wrongful interments or errors made in the sale of plots prior to the cemetery operator's purchase of the cemetery, nor shall such cemetery operator be liable for multiple ownership of plots sold by such cemetery operator due to a lack of adequate records in such cemetery operator;s possession at the time of such cemetery operator's purchase of such cemetery from the city, provided the cemetery operator offers a plot of equal value for the interment, if such party can prove ownership of the right to bury a person by presenting a contract for the right to burial. Section 3. Any cemetery operator who purchases a cemetery from a city not within a county shall not be held liable or responsible for any conditions existing or actions taken which occurred prior to the cemetery operator's purchase from such city; except that, the exemption provided in this section shall not relieve any previous owner or wrongdoer for their actions related to such cemetery. Section 4. Any subsequent cemetery owner after a city not within a county shall be exempt from the provisions of sections 214.325,RSMo, and section 214.410,RSMo, for any deficiency existion prior to such city's ownership; except that, such exemption shall not relieve any previous cemetery owners or wrongdoers from the provision of such sections. Section 5. Any cemetery owner subsequent to a city not within a county, regardless of shether such eemetery was previously registered as an endowed care cemetery, held itself out to be an endowed care cemetery or was a nonendowed care cemetery, shall comply with section 214.310,RSMo, and register such cemetery, as an endowed care cemetery as is it were a newly created cemetery with no interments at the time of such registration. Any contracts for the right of burial sold after compliance with section 214.310,RSMo, and all subsequent action of a subsequent cemetery owner shall comply fully with the provisions of sections 214.270 to 214.410, RSMo. EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. my quotes: now if you have some one buried in an area such as my ggrandmother the above which seems to apply to memorial day does not hold as she is buried on a cliff overlooking the old missouri channel and the land is inhabited by copperhead snakes there for it is only safe to go there in the winter. and the law still applies. hopefully this will relieve the gentleman from missouri whom wrote that mo gives no protection to cemeteries as a cemetery is such if only one person is there. mary