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West VirginiaSB 2572025 Regular SessionSenate

Providing protection for property owner when someone visiting private cemetery causes damage to property

Sponsored By: Amy Grady (Republican)

Signed by Governor

§37-13A-1

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Landowners gain protection from cemetery claims

Beginning July 8, 2025, West Virginia law protects owners who allow required cemetery access in good faith and act reasonably. These owners are not liable for personal injury or property damage connected with that access. Owners also are not liable for cemetery damage caused by people making family or social visits. That protection does not apply when the person causing damage acts as the owner's agent. Visitors remain responsible for damage they cause.

Cemetery visitors gain access with limits

Beginning July 8, 2025, West Virginia law gives authorized visitors reasonable access to private cemeteries without public entrances or exits. Visits must occur during reasonable hours, with written notice to the owner at least 10 days ahead. Allowed purposes include visiting graves, maintaining the site, researching family history, and burial by people holding burial rights. Notice for installing a monument or grave marker must describe it and state the visit date and time. Owners can refuse that installation if they object to its type or style. Owners can choose the route when no traditional route is clearly visible. They generally need not pay for route improvements, unless their actions made the existing route unusable. Courts retain power to order remains moved and buried elsewhere.

Sponsors & Cosponsors

Sponsor

  • Amy Grady

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 162 • No: 0

Senate vote • 4/9/2025

Senate concurred in House amendments and passed bill (Roll No. 417)

Yes: 30 • No: 0

House vote • 4/8/2025

Passed House (Roll No. 415)

Yes: 99 • No: 0

Senate vote • 3/11/2025

Passed Senate (Roll No. 90)

Yes: 33 • No: 0

Actions Timeline

  1. Chapter 45, Acts, Regular Session, 2025

    8/8/2025Senate

  2. Approved by Governor 4/24/2025

    4/24/2025Senate

  3. To Governor 4/14/2025

    4/14/2025Senate

  4. To Governor 4/14/2025 - Senate Journal

    4/12/2025Senate

  5. To Governor 4/14/2025 - House Journal

    4/12/2025House

  6. Approved by Governor 4/24/2025 - Senate Journal

    4/12/2025Senate

  7. Approved by Governor 4/24/2025 - House Journal

    4/12/2025House

  8. House Message received

    4/9/2025Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 417)

    4/9/2025Senate

  10. Communicated to House

    4/9/2025Senate

  11. Completed legislative action

    4/9/2025Senate

  12. On 3rd reading, Special Calendar

    4/8/2025House

  13. Read 3rd time

    4/8/2025House

  14. Passed House (Roll No. 415)

    4/8/2025House

  15. Communicated to Senate

    4/8/2025House

  16. On 2nd reading, Special Calendar

    4/7/2025House

  17. Read 2nd time

    4/7/2025House

  18. Amendment reported by the Clerk

    4/7/2025House

  19. Committee amendment adopted (Voice vote)

    4/7/2025House

  20. On 1st reading, Special Calendar

    4/4/2025House

  21. Read 1st time

    4/4/2025House

  22. With amendment, do pass

    4/3/2025House

  23. Markup Discussion

    4/2/2025House

  24. House received Senate message

    3/12/2025House

  25. Introduced in House

    3/12/2025House

Bill Text

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