§2800.24. Limitation of liability for granting voluntary right of passage to enclosed cemetery

A. The owner of property adjoining an enclosed cemetery who grants a voluntary right of passage to persons who desire to have access to the enclosed cemetery shall not be liable for any injury, death, loss, or damages to persons using the voluntary right of passage to access the enclosed cemetery.

B. The owner of the property granting the voluntary right of passage owes no duty of care to keep such property safe for entry or use by persons using the right of passage to access the enclosed cemetery and is not extending a duty of care or any assurance that the property is safe, or assuming responsibility for or incurring liability for any injury, death, loss, or damages to persons or property caused by any act of a person using the voluntary right of passage.

C. The limitation of liability provided by this Section shall not apply to intentional or grossly negligent acts by the landowner granting the voluntary right of passage.

D. A voluntary right of passage otherwise available by law to visitors and descendants cannot be unreasonably withheld by the owner, but may be limited to reasonable times and durations and may follow a path designated by the owner.

E. For purposes of this Section:

(1) "Adjoining property" means any property, whether contiguous to the enclosed cemetery or not, over which a voluntary right of passage to a public road may be granted.

(2) "Enclosed cemetery" means an historic cemetery as defined in R.S. 25:933, for which a site record form has been filed with and accepted by the Division of Archaeology within the Department of Culture, Recreation and Tourism, and to which there is no access to a public road other than across adjoining property.

(3) "Voluntary right of passage" means a passage of ingress and egress to an enclosed cemetery from a public road which passage is suitable for the kind of traffic, whether pedestrian or vehicular, that is reasonably necessary for access for personal, historic, or other non-commercial purposes. The voluntary right of passage does not include any passage granted in return for payment of any form of consideration to the adjoining landowner.

F. The provisions of this Section shall apply only to an enclosed cemetery located within a parish having a population of more than fifty thousand and less than fifty-two thousand two hundred according to the latest federal decennial census.

Acts 2016, No. 647, §1.