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

O.C.G.A. § 36-72-8 (2019)

Issues considered in 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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The governing authority shall consider the following in making its determination:

(1) The presumption in favor of leaving the cemetery or burial ground undisturbed;

(2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;

(3) The economic and other costs of mitigation;

(4) The adequacy of the applicant’s plans for disinterment and proper disposition of any human remains or burial objects;

(5) The balancing of the applicant’s interest in disinterment with the public’s and any descendant’s interest in the value of the undisturbed cultural and natural environment; and

(6) Any other compelling factors which the governing authority deems relevant.

History

Code 1981, § 36-72-8, enacted by Ga. L. 1991, p. 924, § 3.

Annotations

JUDICIAL DECISIONS Evidence supported relocation. - There was evidence in the record which supported the trial court’s conclusion of fact that, due to lack of maintenance and inappropriate surroundings, relocation

would preserve rather than destroy the cultural heritage of the county and the cemetery. Hughes v. Cobb County, 264 Ga. 128, 441 S.E.2d 406 (1994).

Notes of Decisions
Cited in 2 cases, 1994–2001 · leading case: Hughes v. Cobb Cnty., 441 S.E.2d 406 (Ga. 1994).
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Hughes v. Cobb Cnty., 441 S.E.2d 406 (Ga. 1994). · cites it 2× “Under OCGA § 36-72-8 (1) and (5) a governing authority must consider that there is a presumption in favor of leaving cemeteries undisturbed and must balance “the applicants’ interest in disinterment” with the public’s and descendants’ “interest in the value of the undisturbed…”
Atilano v. Bd. of Commissioners, 541 S.E.2d 385 (Ga. 2001). · cites it 2× “1 Because the record shows that the trial court properly considered the factors specified in OCGA § 36-72-8, and because the record supports the trial court’s finding that the interest of Columbia County in relocating the cemetery outweighs any and all competing interests 2 in…”
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.