Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 36-72-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-72-5 Case Law from Google Scholar Amendments to OCGA 36-72-5

TITLE 36 LOCAL GOVERNMENT

Chapter 72 information not found

ARTICLE 2 SERVICE DELIVERY

36-72-5. Application for permit.

Application for a permit shall include, at a minimum, the following information:

  1. Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;
  2. A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;
  3. A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;
  4. A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery.If those buried or believed to be buried are of aboriginal or American Indian descent, the genealogist, in preparing the notification plan, shall consult with the Council on American Indian Concerns created pursuant to Code Section 44-12-280 and shall include in the notification plan not only any known descendants of those presumed buried but also any American Indian tribes as defined in paragraph (2) of Code Section 44-12-260 that are culturally affiliated; and
  5. A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground.If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approximate number of graves affected.

(Code 1981, §36-72-5, enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 1992, p. 1790, § 5.)

JUDICIAL DECISIONS

Relocation allowed.

- Court properly found that the evidence showed no specific dedication of this property by any of the property's owners for use as a public cemetery and that the evidence did not suggest that the cemetery was used by the public at large as a burial place which supported the granting of the application for relocation. Hughes v. Cobb County, 264 Ga. 128, 441 S.E.2d 406 (1994).

Cases Citing O.C.G.A. § 36-72-5

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Hughes v. Cobb Cnty., 264 Ga. 128 (Ga. 1994).

Cited 17 times | Published | Supreme Court of Georgia | Apr 4, 1994 | 441 S.E.2d 406, 94 Fulton County D. Rep. 1052

...Nalley III purchased a 12.196-acre *129 tract in Cobb County. Located on that tract is a 0.196-acre cemetery that contains approximately 52 grave sites, 11 with inscriptions. In January 1992, Nalley applied for a permit to remove and relocate the cemetery pursuant to OCGA § 36-72-5 and Chapter 3-8.5 of the Code of Cobb County. Pursuant to OCGA §§ 36-72-5 (4) and 36-72-6, Nalley identified and notified the descendants of those buried in the cemetery, the appellants here, who have since opposed Nalley's permit application....
...The superior court judge conducted an evidentiary hearing of the descendants' de novo appeal and found that the cemetery is a "family/neighborhood" cemetery, that Nalley is the title owner of the property and that Nalley's application met the mitigation and notice requirements of OCGA § 36-72-5 (4) and (5)....
...*130 In Georgia, an owner of land who dedicates that land to public use is prohibited from afterwards appropriating the land to private purposes if exercise of those private rights would materially affect the accommodation of the public rights in the property. OCGA § 44-5-230. Under OCGA § 36-72-5 an applicant for a permit to move a cemetery must submit evidence of ownership of the land in the form of a title opinion....
...inion concerning the weight of the evidence for that of the factfinder. 2. The descendants also challenge the sufficiency of Nalley's application because Nalley proposed a change subsequent to the Cemetery *131 Preservation Commission's report. OCGA § 36-72-5 sets out the minimum requirements for an application. The court found that Nalley's application contained all of the elements required under § 36-72-5....