O.C.G.A.
O.C.G.A.

O.C.G.A. § 10-14-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This chapter shall be known and may be cited as the “Georgia Cemetery and Funeral Services Act of 2000.”

History

Code 1981, § 44-3-130, enacted by Ga.

L. 1983, p. 1508, § 1; Code 1981, § 1014-1, as redesignated by Ga. L. 2000, p.

882, § 1; Ga. L. 2024, p. 1052, § 2(65)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, deleted “as” following “known” in this Code section.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2000, “chapter” was substituted for “article”.

JUDICIAL DECISIONS Insurance coverage for breach of perpetual care. - When an insurer sought a declaratory judgment defining the insurer’s rights and responsibilities under an insurance policy issued to an insured cemetery that was sued for desecrating a grave, the insurer was not obligated to indemnify the insured for any damages awarded on a breach of contract claim alleging a breach of a perpetual care contract regarding the grave because the insured had no duty to care for the grave absent the contract, and the policy excluded coverage for any personal injury for which the insured had assumed liability in a contract. Nationwide Mut. Fire Ins. Co. v. Somers, 264 Ga. App. 421, 591 S.E.2d 430, 2003 Ga. App. LEXIS 1496 (2003).

Private rule prohibiting use of concrete vaults violated statute. - Trial court did not manifestly abuse the court’s discretion by entering a permanent injunction preventing a cemetery group from implementing a rule established by a private cemetery owner to prohibit the use of concrete vaults in its cemeteries because the rule violated the Georgia Cemetery and Funeral Services Act of 2000, O.C.G.A. § 10-14-1 et seq., because it was not reasonable within the context of O.C.G.A. § 10-14-16(b). Savannah Cemetery Group, Inc. v. DePue-Wilbert Vault Co., 307 Ga. App. 206, 704 S.E.2d 858, 2010 Ga. App. LEXIS 1126 (2010).

OPINIONS OF THE ATTORNEY GENERAL Deposits and additional fees. - The Georgia Cemetery and Funeral Services Act, O.C.G.A. § 10 14 1 et seq., requires a cemetery to make deposits to a perpetual care trust fund based on a percentage of the sales price of any burial right,

cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt sold by a cemetery and prohibits a cemetery from charging an additional fee or add-on to the customer. 2017 Op. Att’y Gen. No. U2017-4.

RESEARCH REFERENCES Am. Jur. 2d. 14 Am. Jur. 2d, Cemeteries, §§ 8, 9.

C.J.S. 14 C.J.S., Cemeteries, § 1 et seq.

Notes of Decisions
Cited in 5 cases, 2003–2012 · leading case: Savannah Cemetery Grp. Inc. v. DePue-Wilbert Vault Co., 704 S.E.2d 858 (Ga. Ct. App. 2010).
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Savannah Cemetery Grp. Inc. v. DePue-Wilbert Vault Co., 704 S.E.2d 858 (Ga. Ct. App. 2010). · cites it 4× “13 Moreover, the Cemetery Act provides, in relevant part, that whenever it appears to the Secretary of State that any person has engaged in, is engaging in, or is about to engage in any act, practice or transaction which is prohibited by OCGA § 10-14-1 et seq., the Secretary of…”
Martin v. Dempsey Funeral Servs. of Georgia, Inc., 735 S.E.2d 59 (Ga. Ct. App. 2012). · cites it 2× “Martin also argues that the RPA does not abrogate the duties imposed upon Dempsey Funeralunderthe Georgia Cemetery and Funeral Services Act of 2000, OCGA § 10-14-1 et seq., and the Rules of the Secretary of State, Ga.”
Georgia Cemetery Assoc. v. Cathy Cox, 353 F.3d 1319 (11th Cir. 2003). “(“Georgia Cemetery”), an association of Georgia private for-profit cemeteries, makes Equal Protection and Takings Clause constitutional challenges to the Georgia Cemetery and Funeral Services Act of 2000 (“the Act”), O.C.G.A. § 10-14-1, et seq., which exempts churches,…”
Georgia Cemetery Ass'n, Inc. v. Cox, 403 F. Supp. 2d 1206 (N.D. Ga. 2003). · cites it 2× “(“Plaintiff’ or “Association”), filed the instant suit against Defendant, Cathy Cox, in her individual capacity and in her official capacity as Secretary of State of the State of Georgia, seeking declaratory and injunctive relief against Defendant’s enforcement of the Georgia…”
Genevieve Martin v. Dempsey Funeral Servs., Inc. (Ga. Ct. App. 2012). · cites it 2× “In reaching our appellate decision, we likewise express no ruling as to this claim.”
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