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O.C.G.A. § 36-72-8

Issues considered in decision on application for permit

— Code 1981, § 36-72-8, enacted by Ga

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

(1) The presumption in favor of leaving the cemetery or burial ground undisturbed;

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

(3) The economic and other costs of mitigation;

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

(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

(6) Any other compelling factors which the governing authority deems relevant.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.