Georgia Statutes

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

Georgia·Title 36

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.

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Related

Hughes v. Cobb County
441 S.E.2d 406 (Supreme Court of Georgia, 1994)
17 case citations
Atilano v. Board of Commissioners
541 S.E.2d 385 (Supreme Court of Georgia, 2001)

Nearby Sections

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