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2018 Georgia Code 31-21-26 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-21-26 Case Law from Google Scholar Amendments to OCGA 31-21-26

TITLE 31 HEALTH

Section 21. Dead Bodies, 31-21-1 through 31-21-45.

ARTICLE 2 DISPOSITION OF UNCLAIMED DEAD BODIES

31-21-26. Payment of expenses.

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.

(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.)

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 Doctrine", 32 A.L.R.6th 261.

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