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Official Code of Georgia Annotated

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

36-72-8. Issues considered in decision on application for permit.

Active

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

  1. The governing authority shall consider the following in making its determination:

  2. (1)

    The presumption in favor of leaving the cemetery or burial ground undisturbed;#

  3. (2)

    The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;#

  4. (3)

    The economic and other costs of mitigation;#

  5. (4)

    The adequacy of the applicant’s plans for disinterment and proper disposition of any human remains or burial objects;#

  6. (5)

    The balancing of the applicant’s interest in disinterment with the public’s and any descendant’s interest in the value of the undisturbed cultural and natural environment; and#

  7. (6)

    Any other compelling factors which the governing authority deems relevant.#

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, § 36-72-8, enacted by Ga. L. 1991, p. 924, § 3.

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 325 to 326; merge action: bound only; file SHA-256 5150ee8c60f7.