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HB668 • 2026

Cemeteries on private property; provide right of access to for certain persons.

AN ACT TO CREATE NEW SECTION 41-43-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT OWNERS AND LESSEES OF PRIVATE LAND ON WHICH A CEMETERY, GRAVES OR BURIAL SITES ARE LOCATED SHALL HAVE A DUTY TO ALLOW REASONABLE ACCESS TO THE CEMETERY, GRAVES OR BURIAL SITES BY CERTAIN PERSONS WHO HAVE GIVEN REASONABLE NOTICE TO THE OWNER OR LESSEES; TO PROVIDE THAT ANY PERSON ENTERING ONTO PRIVATE LAND AS AUTHORIZED BY THIS SECTION SHALL BE RESPONSIBLE FOR CONDUCTING HIMSELF OR HERSELF IN A MANNER THAT DOES NOT DAMAGE THE PRIVATE LAND, CEMETERY, GRAVESITE OR BURIAL SITE, AND SHALL BE LIABLE TO THE OWNER OR LESSEE OF THE PROPERTY FOR ANY DAMAGE CAUSED AS THE RESULT OF HIS OR HER ACCESS; TO PROVIDE IMMUNITY FROM LIABILITY TO THE LANDOWNER AND LESSEE IN ANY CIVIL ACTION ARISING OUT OF THE ACCESS GRANTED BY THIS SECTION; AND FOR RELATED PURPOSES.

Land
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Hulum, Hines, James-Jones
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

Checked against official source text during the last sync.

Access to Private Cemeteries

This bill would allow certain people to visit cemeteries on private land if they give notice and follow rules set by the landowner.

What This Bill Does

  • Creates a new law that lets family members, friends, descendants of buried persons, plot owners, and researchers visit cemeteries on private property.
  • Requires these visitors to notify the land owner or lessee before visiting.
  • Gives the land owner or lessee the right to set rules for when and how people can enter the cemetery.
  • Makes sure that anyone who visits must be careful not to damage the land, graves, or burial sites.

Who It Names or Affects

  • People who own private land with cemeteries on it
  • Family members of those buried in private cemeteries
  • Friends and descendants of people buried in private cemeteries
  • Plot owners and researchers interested in genealogy, history, or culture

Terms To Know

Ingress and egress
The right to enter and leave a place.
Gross negligence
A very serious failure to be careful or responsible.

Limits and Unknowns

  • This bill did not pass in the current session.
  • It would only apply if it becomes law after July 1, 2026.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-14 Mississippi Legislative Bill Status System

    01/14 (H) Referred To Judiciary A

Official Summary Text

Cemeteries on private property; provide right of access to for certain persons.

Current Bill Text

Read the full stored bill text 
H. B. No. 668 *HR43/R732* ~ OFFICIAL ~ G1/2
26/HR43/R732
PAGE 1 (RF\KP)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Hulum, Hines, James-
Jones

HOUSE BILL NO. 668

AN ACT TO CREATE NEW SECTION 41-43-9, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT OWNERS AND LESSEES OF PRIVATE LAND ON WHICH 2
A CEMETERY, GRAVES OR BURIAL SITES ARE LOCATED SHALL HAVE A DUTY 3
TO ALLOW REASONABLE ACCESS TO THE CEMETERY, GRAVES OR BURIAL SITES 4
BY CERTAIN PERSONS WHO HAVE GIVEN REASONABLE NOTICE TO THE OWNER 5
OR LESSEES; TO PROVIDE THAT ANY PERSON ENTERING ONTO PRIVATE LAND 6
AS AUTHORIZED BY THIS SECTION SHALL BE RESPONSIBLE FOR CONDUCTING 7
HIMSELF OR HERSELF IN A MANNER THAT DOES NOT DAMAGE THE PRIVATE 8
LAND, CEMETERY, GRAVESITE OR BURIAL SITE, AND SHALL BE LIABLE TO 9
THE OWNER OR LESSEE OF THE PROPERTY FOR ANY DAMAGE CAUSED AS THE 10
RESULT OF HIS OR HER ACCESS; TO PROVIDE IMMUNITY FROM LIABILITY TO 11
THE LANDOWNER AND LESSEE IN ANY CIVIL ACTION ARISING OUT OF THE 12
ACCESS GRANTED BY THIS SECTION; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The following shall be codified as Section 15
41-43-9, Mississippi Code of 1972: 16
41-43-9. (1) Owners and lessees of private land on which a 17
cemetery, graves, or burial sites are located shall have a duty to 18
allow ingress and egress to the cemetery, graves, or burial sites 19
by (a) family members, friends, or descendants of deceased persons 20
buried there; (b) any cemetery plot owner; and (c) any person 21
engaged in genealogical, historical, or cultural research, who has 22
H. B. No. 668 *HR43/R732* ~ OFFICIAL ~
26/HR43/R732
PAGE 2 (RF\KP)

given reasonable notice to the owner of record or to the lessees, 23
or both. 24
(2) (a) The right of ingress and egress granted by this 25
section shall be reasonable and limited to the purposes of 26
visiting graves or burial sites, maintaining the gravesite or 27
burial site or cemetery, or conducting genealogical, historical, 28
or cultural research, or, in the case of a plot owner, burying a 29
deceased person in the plot. 30
(b) The owner or lessee of the land has the right to 31
designate the frequency, hours, and duration of the access and the 32
access route, if no traditional access route is obviously visible 33
from a view of the property, provided that the designation is 34
reasonable for the purposes set out in paragraph (a) of this 35
subsection. 36
(3) (a) Any person entering onto private land as authorized 37
by this section shall be responsible for conducting himself or 38
herself in a manner that does not damage the private land, 39
cemetery, gravesite, or burial site, and shall be liable to the 40
owner or lessee of the property for any damage caused as the 41
result of his or her access. 42
(b) The landowner and lessee, in the absence of gross 43
negligence or willful misconduct, shall be immune from liability 44
in any civil suit, action, or cause of action arising out of the 45
access granted by this section. 46
H. B. No. 668 *HR43/R732* ~ OFFICIAL ~
26/HR43/R732
PAGE 3 (RF\KP)
ST: Cemeteries on private property; provide
right of access to for certain persons.
SECTION 2. This act shall take effect and be in force from 47
and after July 1, 2026. 48