HB510 Alabama 2018 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2018

Title

Privately owned/leased property; cemetary or burial site thereon; requirement to allow access to certain persons to graves, gravesites; Section 35-1-4 amd.

Summary

HB 510 would require private landowners with cemeteries on their property to allow monthly daytime access to graves, and would create penalties for blocking access.

What This Bill Does

The bill amends Alabama law to require owners or lessees of private land with cemeteries to grant ingress/egress at least once a month during daylight hours to family members, descendants, cemetery plot owners, and researchers who give reasonable notice. The owner can set the frequency, hours, duration, and route, as long as access occurs at least monthly and during daylight, and access is limited to visiting graves, maintaining the site, or conducting research. People entering must avoid damage and are liable for any damage; the landowner is generally immune from civil liability unless there is gross negligence or willful misconduct. Violating access rights would be a Class C misdemeanor. The bill also states it is exempt from certain local-fund requirements because it creates a new crime, and it becomes law on the first day of the third month after governor approval.

Who It Affects

• Private landowners or lessees who own land with a cemetery, graves, or burial sites on which they must allow access (with the ability to set reasonable terms).
• Family members, friends, descendants, cemetery plot owners, and researchers who wish to access graves or burial sites and must provide reasonable notice.

Key Provisions

• Requires owners/lessees of private land with cemeteries to allow ingress/egress at least once per month during normal daylight hours.
• Defines who may access the sites: family members, descendants, cemetery plot owners, and researchers with notice.
• Allows owners to designate frequency, hours, duration, and access route as long as access is at least monthly and during daylight, for specified purposes.
• Access is limited to visiting graves, site maintenance, research, or burial activities in coordination with licensed mortuary personnel.
• Enterers must avoid damaging property and are liable for any damages; owners are immune from civil liability in non-gross-negligent cases.
• Violating access rights is a Class C misdemeanor.
• The act is exempt from Amendment 621 local-funds requirements because it creates a new crime; it does not require local government approval by 2/3 vote.
• Effective date: the first day of the third month after the bill is passed and signed.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Cemeteries