Georgia Commons

Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 72. ABANDONED CEMETERIES AND BURIAL GROUNDS

36-72-2. Definitions.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. As used in this chapter, the term:

  2. (1)

    “Abandoned cemetery” means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.#

  3. (2)

    “Archeologist” means any person who is:#

    1. (A)

      A member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or#

    2. (B)

      Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist.#

  4. (3)

    “Burial ground” means an area dedicated to and used for interment of human remains. Such term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.#

  5. (4)

    “Burial object” means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment.#

  6. (5)

    “Cemetery” or “cemeteries” means any land or structure in this state dedicated to and used for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.#

  7. (6)

    “Descendant” means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.#

  8. (7)

    “Genealogist” means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.#

  9. (8)

    “Human remains” means the bodies of deceased human beings in any stage of decomposition, including cremated remains.#

  10. (9)

    “Preserve and protect” means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and may also include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation and protection.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 36-72-2, enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 1992, p. 2508, § 1; Ga. L. 2006, p. 1087, § 7/HB 910; Ga. L. 2025, p. 1029, § 36(35)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “Such term” for “The term” in paragraph (3).

Cross references

Georgia Cemeterians Board Act, § 43-8B-1 et seq.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 321 to 322; merge action: bound only; file SHA-256 5150ee8c60f7.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.