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2018 Georgia Code 36-72-8 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 2 SERVICE DELIVERY

36-72-8. Issues considered in decision on application for permit.

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.

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

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).

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