O.C.G.A.

O.C.G.A. § 31-21-26 (2019)

Payment of expenses

✓ 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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Neither the state, county, municipality, nor officers thereof shall be placed at any expense by reason of delivery or distribution of bodies; but all expenses thereof shall be borne by those receiving the body or bodies as prescribed by the board for distribution.

History

Ga. L. 1887, p. 87, § 8; Civil Code 1895, § 1518; Civil Code 1910, § 1762; Code 1933, § 88-708; Code 1933,

§ 88-2708, enacted by Ga. L. 1964, p. 499, § 1.

Annotations

JUDICIAL DECISIONS Applicability. - When a county recovered, identified, and properly disposed of bodies found at a crematorium, O.C.G.A. § 31-21-26 did not authorize the county to recover the county’s costs of doing so as compensatory damages in a tort action against the crematorium, funeral homes, and funeral directors alleging negligence and public nuisance claims; even if

§ 31-21-26 could be construed as providing a county an affirmative right to sue and recover costs associated with the delivery or distribution of certain dead bodies, the statute referred to the delivery or distribution of unclaimed bodies for purposes of medical research. Walker County v. Tri-State Crematory, 284 Ga. App. 34, 643 S.E.2d 324 (2007).

RESEARCH REFERENCES ALR. - Construction and application of ‘‘Municipal Cost Recovery Rule,’’ or

‘‘Free Public Services A.L.R.6th 261.

Doctrine’’,

ARTICLE 3 OFFENSES

Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Walker Cnty. v. Tri-State Crematory, 643 S.E.2d 324 (Ga. Ct. App. 2007).

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Walker Cnty. v. Tri-State Crematory, 643 S.E.2d 324 (Ga. Ct. App. 2007). · cites it 4× “Walker County also cites to OCGA § 31-21-26, which provides in part that “[njeither the state, county, municipality, nor officers thereof shall be placed at any expense by *38 reason of delivery or distribution of bodies.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.