O.C.G.A.

O.C.G.A. § 36-72-7 (2019)

Public hearing on development of abandoned cemetery; time for decision on application for permit

✓ 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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(a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.

(b) Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity’s adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The governing authority may adopt the applicant’s proposal for mitigation.

History

Code 1981, § 36-72-7, enacted by Ga. L. 1991, p. 924, § 3.

Annotations

JUDICIAL DECISIONS Consideration of alternatives. - Given that O.C.G.A. § 36-72-7 gives the governing authority the power to adopt the application in whole or in part, or to issue a permit which may include additional requirements, the board of commis-

sioners had the authority to consider alternatives and to issue a permit for disinterment and relocation to the alternate site. Hughes v. Cobb County, 264 Ga. 128, 441 S.E.2d 406 (1994).

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Hughes v. Cobb Cnty., 441 S.E.2d 406 (Ga. 1994).
Hughes v. Cobb Cnty., 441 S.E.2d 406 (Ga. 1994). · cites it 2× “Given that OCGA § 36-72-7 (b) gives the governing authority the power to adopt the application “in whole or in part, or to issue a permit which may include additional requirements .”
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.