Text: HF00045 Text: HF00047 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 566.13A RIGHT OF ACCESS.
1 2 If a permanent easement has been granted in an instrument
1 3 affecting real estate as defined in section 558.1, which
1 4 allows public access to a cemetery, the public shall have the
1 5 right to use the easement in perpetuity to visit the cemetery
1 6 to the extent provided by the grantor, regardless of whether
1 7 the instrument affecting the real estate has been recorded.
1 8 A titleholder of land burdened by an easement may place
1 9 reasonable conditions upon the use of the easement by persons
1 10 visiting the cemetery. If the easement is unavailable for
1 11 use, or has been acquired by adverse possession, the
1 12 titleholder shall honor a reasonable request by any person to
1 13 visit the cemetery by the most convenient route possible. A
1 14 person using the easement or other access approved by the
1 15 titleholder shall not damage the property of the titleholder,
1 16 including crops or livestock on land used for agricultural
1 17 production. A titleholder of the subject land shall not be
1 18 liable for any claim, counterclaim, cross-claim, complaint, or
1 19 cause of action recognized by the Iowa rules of civil
1 20 procedure and brought in court on account of damage to or loss
1 21 of property or on account of personal injury or death arising
1 22 out of the person's visit to a cemetery, unless caused by the
1 23 intentional action of the titleholder.
1 24 EXPLANATION
1 25 This bill provides that if a permanent easement has been
1 26 granted in an instrument affecting real estate which allows
1 27 public access to a cemetery, the public has the right to use
1 28 the easement in perpetuity to visit the cemetery to the extent
1 29 provided by the grantor, regardless of whether the instrument
1 30 affecting the real estate has been recorded. The titleholder
1 31 of the land may place reasonable conditions upon the use of
1 32 the easement. If the easement no longer is available, the
1 33 titleholder must honor a reasonable request by a person to
1 34 visit the cemetery. A person using the easement or other
1 35 access is prohibited from damaging the property of the
2 1 titleholder. A titleholder is not liable for injuries
2 2 suffered by a person using the easement, unless the injuries
2 3 were caused by the intentional action of the titleholder.
2 4 LSB 1284HH 76
2 5 da/jw/5
Text: HF00045 Text: HF00047 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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