Counties, anywhere within the county boundaries, and municipalities, anywhere within the municipal boundaries, are authorized, jointly and severally, to preserve and protect any abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained by the person who is legally responsible for its upkeep, whether or not that person is financially capable of doing so, to expend public money in connection therewith, to provide for reimbursement of such funds by billing any legally responsible person or levying upon any of his property as authorized by local ordinance, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose.
History. Code 1981, § 36-72-3 , enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 1992, p. 2508, § 2.
Law reviews.
For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999).
Structure Georgia Code
Chapter 72 - Abandoned Cemeteries and Burial Grounds
§ 36-72-1. Legislative Findings and Intent
§ 36-72-3. Authority of Counties and Municipalities to Preserve Abandoned Cemeteries
§ 36-72-4. Permit Required for Developing Land on Which Cemetery Located
§ 36-72-5. Application for Permit
§ 36-72-8. Issues Considered in Decision on Application for Permit
§ 36-72-11. Appeal of Decision on Application for Permit
§ 36-72-12. Development Activities Pending Appeal
§ 36-72-13. Inspection to Ensure Applicant’s Compliance
§ 36-72-15. Disinterment and Disposition of Human Remains or Burial Objects