§ 65‑102. Enteringpublic or private property to maintain or visit without consent.
(a) If the consent ofthe landowner cannot be obtained, any person listed in G.S. 65‑101(1),(2), or (3) may commence a special proceeding by petitioning the clerk of superiorcourt of the county in which the petitioner has reasonable grounds to believethe grave or abandoned public cemetery is located for an order allowing thepetitioner to enter the property to discover, restore, maintain, or visit thegrave or abandoned public cemetery. The petition shall be verified. The specialproceeding shall be in accordance with the provisions of Articles 27A and 33 ofChapter 1 of the General Statutes. The clerk shall issue an order allowing thepetitioner to enter the property if the clerk finds all of the following:
(1) There are reasonablegrounds to believe that the grave or abandoned public cemetery is located onthe property or it is reasonably necessary to enter or cross the landowner'sproperty to reach the grave or abandoned public cemetery.
(2) The petitioner, orthe petitioner's designee, is a descendant of the deceased, or the petitionerhas a legitimate historical, genealogical, or governmental interest in thegrave or abandoned public cemetery.
(3) The entry on theproperty would not unreasonably interfere with the enjoyment of the property bythe landowner.
(b) The clerk's ordermay state one or more of the following:
(1) Specify the datesand the daylight hours that the petitioner may enter and remain on theproperty.
(2) Grant the petitionerthe right to enter the landowner's property periodically, as specified in theorder, after the time needed for initial restoration of the grave or abandonedpublic cemetery.
(3) Specify a reasonableroute from which the petitioner may not deviate in all entries and exits fromthe property. (1987,c. 686, s. 1; 1991, c. 36, s. 1; 1999‑216, s. 12; 2007‑118, s. 1.)
§ 65‑102. Enteringpublic or private property to maintain or visit without consent.
(a) If the consent ofthe landowner cannot be obtained, any person listed in G.S. 65‑101(1),(2), or (3) may commence a special proceeding by petitioning the clerk of superiorcourt of the county in which the petitioner has reasonable grounds to believethe grave or abandoned public cemetery is located for an order allowing thepetitioner to enter the property to discover, restore, maintain, or visit thegrave or abandoned public cemetery. The petition shall be verified. The specialproceeding shall be in accordance with the provisions of Articles 27A and 33 ofChapter 1 of the General Statutes. The clerk shall issue an order allowing thepetitioner to enter the property if the clerk finds all of the following:
(1) There are reasonablegrounds to believe that the grave or abandoned public cemetery is located onthe property or it is reasonably necessary to enter or cross the landowner'sproperty to reach the grave or abandoned public cemetery.
(2) The petitioner, orthe petitioner's designee, is a descendant of the deceased, or the petitionerhas a legitimate historical, genealogical, or governmental interest in thegrave or abandoned public cemetery.
(3) The entry on theproperty would not unreasonably interfere with the enjoyment of the property bythe landowner.
(b) The clerk's ordermay state one or more of the following:
(1) Specify the datesand the daylight hours that the petitioner may enter and remain on theproperty.
(2) Grant the petitionerthe right to enter the landowner's property periodically, as specified in theorder, after the time needed for initial restoration of the grave or abandonedpublic cemetery.
(3) Specify a reasonableroute from which the petitioner may not deviate in all entries and exits fromthe property. (1987,c. 686, s. 1; 1991, c. 36, s. 1; 1999‑216, s. 12; 2007‑118, s. 1.)
§ 65‑102. Enteringpublic or private property to maintain or visit without consent.
(a) If the consent ofthe landowner cannot be obtained, any person listed in G.S. 65‑101(1),(2), or (3) may commence a special proceeding by petitioning the clerk of superiorcourt of the county in which the petitioner has reasonable grounds to believethe grave or abandoned public cemetery is located for an order allowing thepetitioner to enter the property to discover, restore, maintain, or visit thegrave or abandoned public cemetery. The petition shall be verified. The specialproceeding shall be in accordance with the provisions of Articles 27A and 33 ofChapter 1 of the General Statutes. The clerk shall issue an order allowing thepetitioner to enter the property if the clerk finds all of the following:
(1) There are reasonablegrounds to believe that the grave or abandoned public cemetery is located onthe property or it is reasonably necessary to enter or cross the landowner'sproperty to reach the grave or abandoned public cemetery.
(2) The petitioner, orthe petitioner's designee, is a descendant of the deceased, or the petitionerhas a legitimate historical, genealogical, or governmental interest in thegrave or abandoned public cemetery.
(3) The entry on theproperty would not unreasonably interfere with the enjoyment of the property bythe landowner.
(b) The clerk's ordermay state one or more of the following:
(1) Specify the datesand the daylight hours that the petitioner may enter and remain on theproperty.
(2) Grant the petitionerthe right to enter the landowner's property periodically, as specified in theorder, after the time needed for initial restoration of the grave or abandonedpublic cemetery.
(3) Specify a reasonableroute from which the petitioner may not deviate in all entries and exits fromthe property. (1987,c. 686, s. 1; 1991, c. 36, s. 1; 1999‑216, s. 12; 2007‑118, s. 1.)
