Section 202 - Historic burial places(a) Purpose.--The purpose of this act is to encourage caretaker organizations to restore and maintain historic burial places by limiting their liability toward persons entering such burial places.(b) General rule.--Except as provided in subsection (d), a caretaker organization or a landowner owes no duty of care to keep a historic burial place safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity on the premises of the historic burial place to persons who enter the premises.(c) Limitations.--Except as provided in subsection (d), a caretaker organization or a landowner which either directly or indirectly invites or permits any person to enter the premises of the historic burial place without charge does not thereby:(1) Extend any assurance that the premises are safe for any purpose.(2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.(3) Assume responsibility for or incur liability for any injury to persons or property by an act of omission of such persons.(d) Willful or malicious actions.--Nothing in this act limits in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity on the premises of a historic burial place.(e) Construction.--Nothing in this section shall be construed to: (1) Create a duty of care or ground of liability for injury to persons or property.(2) Relieve any person entering upon the premises of a historic burial place from any obligation which he may have in the absence of this act to exercise care in his use of the premises and in his activities on the premises or from the legal consequences of failure to employ such care.(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Caretaker organization." A nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c)(3) ) which owns or otherwise assumes responsibility for the restoration and maintenance of a historic burial place.
"Historic burial place." A tract of land that has been in existence as a burial ground for more than 100 years wherein there have been no burials for at least 50 years and wherein there will be no future burials.
"Landowner." A person, other than a caretaker organization, who owns in fee the real property which comprises a historic burial place and who permits a caretaker organization to restore and maintain the historic burial place.
1992, Nov. 24, P.L. 730, No. 110, §2, imd. effective. Amended 1995 , Dec. 20, P.L. 664, No. 73, § 1, effective in 60 days.