A bill sponsored by state Rep. Jim Walsh, R-Aberdeen, that would allow family burials on private property was passed unanimously out of the House on Monday.
"One of the great traditions of living in the West is the ability to bury your family, and when the time comes yourself, on land that you or your family owns," Walsh said. "Doing so was commonplace in the early years of our state. But in recent years it has become less clear in the law whether it's legal at all. Really, this is simply a clarifying bill ― within certain parameters ― that allows those long-held traditions to continue."
The legislation House Bill 1037, would allow property owners to declare their land a “family burial ground.” Regulations in the bill would require property owners to register the final resting place of their family members and disclose any burials on the property to potential buyers.
Walsh made clear privately owned family burial plots would not be allowed to become any sort of commercial cemetery business.
"My bill does not create a loophole for a cemetery business. It clearly states that the family burial plot is just that ― a small section of land that complies with all usual guidelines and use restrictions for burying family members," Walsh said.
According to Walsh, the idea for the bill originated with requests from constituents wishing to see the law changed.
"The idea for this bill came from several groups, including some tribal members, living in my district," he said. "It means a great deal to them and others across the state that would like to have better options when it comes to private property family burials. In the spirit of the West and of property rights, I believe this is a good and important bill.”
The bill was passed 95-0 and now goes to the state Senate for consideration.
