Inspection to ensure applicant’s compliance

The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court. 1100 36-72-15 History. — Code 1981, § 36-72-13, enacted by Ga. L. 1991, p. 924, § 3. 36-72-14. Jurisdiction of superior court; expending private or public funds to mitigate harm to cemetery. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a permit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the permit in accordance with Code Sections 36-72-6 through 36-72-8. (b) When activities of an agency, authority, or political subdivision of the state adversely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When activities of a private person, corporation, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the cemetery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the governing authority in whose jurisdiction the abandoned cemetery or burial ground is located. (c) The provisions of this chapter notwithstanding, the Department of Transportation shall not be required to obtain a permit under this chapter unless human remains are to be relocated; provided, however, that the department shall be required to obtain an archaeologist’s report, pursuant to paragraph (2) of Code Section 36-72-5, confirming the absence of human remains on the affected property. History. — Code 1981, § 36-72-14, enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 2011, p. 583, § 11/HB 137. 36-72-15. Disinterment and disposition of human remains or burial objects. Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried 1101 36-72-16 out by the applicant’s archeologist and shall be done at the expense of the person or entity to whom the permit is issued. History. — Code 1981, § 36-72-15, enacted by Ga. L. 1991, p. 924, § 3. 36-72-16. Penalties.