Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-72-1 Legislative findings and intent
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(a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which…
O.C.G.A. § 36-72-10 Application fee
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The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent s…
O.C.G.A. § 36-72-11 Appeal of decision on application for permit
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Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may file an appeal in the superior court of the county in which the cemetery or burial ground is located in addition to the superior courts e…
O.C.G.A. § 36-72-12 Development activities pending appeal
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Until the expiration of the time for appeal as set forth in Code Section 36-72-11, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activities which comply w…
O.C.G.A. § 36-72-13 Inspection to ensure applicant’s compliance
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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 authori…
O.C.G.A. § 36-72-16 Penalties
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Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who kn…
O.C.G.A. § 36-72-2 Definitions
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As used in this chapter, the term: (1) ‘‘Abandoned cemetery’’ means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for wh…
O.C.G.A. § 36-72-4 Permit required for developing land on which cemetery located
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No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is fir…
O.C.G.A. § 36-72-5 Application for permit
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Application for a permit shall include, at a minimum, the following information: (1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search; (2) A report prepared by an archeologist stating the …
O.C.G.A. § 36-72-8 Legislative findings and intent
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Definitions. Authority of counties and municipalities to preserve abandoned cemeteries. Permit required for developing land on which cemetery located. Application for permit. Identification and notification of descendants of person in cemetery sought to be developed. Public heari…