reglab/housing_qa huggingface dataset:
GA Code § 36-72-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-1. Legislative Findings and Intent

  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 owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.   It is the intent of the General Assembly that the provisions of this chapter be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.     (Code 1981, §36-72-1, enacted by Ga. L. 1991, p. 274, § 3.)   OPINIONS OF THE ATTORNEY GENERAL    For an update of crimes and offenses  for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.
GA Code § 36-72-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-3. Authority of Counties and Municipalities to Preserve Abandoned Cemeteries

 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.    (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).   JUDICIAL DECISIONS   Duty of county.    - O.C.G.A. § 36-72-3 authorizes but does not compel a county to preserve and protect abandoned cemeteries. Smith v. Pulaski County, 269 Ga. 688, 501 S.E.2d 213 (1998).   OPINIONS OF THE ATTORNEY GENERAL    Persons sentenced to community service  may be utilized to assist counties or municipalities in the care of abandoned cemeteries or burial grounds. 1999 Op. Att'y Gen. No. U99-5.
GA Code § 36-72-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-4. Permit Required for Developing Land on Which Cemetery Located

 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 first obtained from the governing authority of the municipal corporation or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section 36-72-14.    (Code 1981, §36-72-4, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-5. Application for Permit

 Application for a permit shall include, at a minimum, the following information:    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;   A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;   A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;   A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery.If those buried or believed to be buried are of aboriginal or American Indian descent, the genealogist, in preparing the notification plan, shall consult with the Council on American Indian Concerns created pursuant to Code Section 44-12-280 and shall include in the notification plan not only any known descendants of those presumed buried but also any American Indian tribes as defined in paragraph (2) of Code Section 44-12-260 that are culturally affiliated; and   A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground.If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approximate number of graves affected.     (Code 1981, §36-72-5, enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 1992, p. 1790, § 5.)
GA Code § 36-72-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-6. Identification and Notification of Descendants of Person in Cemetery Sought to Be Developed

 The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the governing authority.The governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants.Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events.    (Code 1981, §36-72-6, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-7 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-7. Public Hearing on Development of Abandoned Cemetery; Time for Decision on Application for Permit

  Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard.In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.   Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains.The governing authority may adopt the applicant's proposal for mitigation.     (Code 1981, §36-72-7, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-8. Issues Considered in Decision on Application for Permit

 The governing authority shall consider the following in making its determination:    The presumption in favor of leaving the cemetery or burial ground undisturbed;   The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;   The economic and other costs of mitigation;   The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;   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   Any other compelling factors which the governing authority deems relevant.     (Code 1981, §36-72-8, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-9 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-9. Establishment of Board or Commission to Review Applications in Counties Exceeding Certain Population Size

 The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5.The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.    (Code 1981, §36-72-9, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-10. Application Fee

 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 surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.    (Code 1981, §36-72-10, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-11. Appeal of Decision on Application for Permit

 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 enumerated in Code Section 50-13-19.    (Code 1981, §36-72-11, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-12 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-12. Development Activities Pending Appeal

 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 with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.    (Code 1981, §36-72-12, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-13 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-13. 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.    (Code 1981, §36-72-13, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-14 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-14. Jurisdiction of Superior Court; Expending Private or Public Funds to Mitigate Harm to Cemetery

  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.   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.   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.     (Code 1981, §36-72-14, enacted by Ga. L. 1991, p. 924, § 3; Ga. L. 2011, p. 583, § 11/HB 137.)
GA Code § 36-72-15 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 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 out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.    (Code 1981, §36-72-15, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-72-16 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 72 - Abandoned Cemeteries and Burial Grounds|§ 36-72-16. Penalties

 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 knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed.    (Code 1981, §36-72-16, enacted by Ga. L. 1991, p. 924, § 3.)
GA Code § 36-73-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 73 - Contracts for Regional Facilities|§ 36-73-1. Purpose

 It is the purpose of this chapter to provide certain conditions, limitations, and restrictions upon the exercise of the powers granted to counties and municipalities to enter into contracts for regional facilities under Article IX, Section IV, Paragraph IV of the Constitution.    (Code 1981, §36-73-1, enacted by Ga. L. 1995, p. 699, § 1.)
GA Code § 36-73-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 73 - Contracts for Regional Facilities|§ 36-73-2. Public Hearing on Proposed Contract; Notice

 A county or municipality which proposes to enter into a contract under Article IX, Section IV, Paragraph IV of the Constitution shall, prior to entering into such contract, conduct at least one public hearing with respect to such proposed contract. Notice of such public hearing shall be given by a prominent advertisement in a newspaper of general circulation within the county or municipality. The parties proposing to enter into a contract may agree to conduct a joint public hearing in lieu of separate public hearings by each party. The notice of public hearing required in the case of a municipality may be combined with a notice of public hearing for the county within which the municipality is located.    (Code 1981, §36-73-2, enacted by Ga. L. 1995, p. 699, § 1.)
GA Code § 36-73-3 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 73 - Contracts for Regional Facilities|§ 36-73-3. Proposed Facility Located Outside County or Municipality; Feasibility Study

 Where a county or municipality proposes to enter into a contract for a regional facility which will be located outside of such county or municipality and such contract will require the expenditure of public funds of the county or municipality, the county or municipality shall, prior to entering into the contract, conduct a financial feasibility study of the contract. Such study may be conducted by the county or municipality or the county or municipality may contract with another party for the conducting of the study. Two or more parties proposing to enter into a contract may conduct or contract for a joint financial feasibility study, but in this case the financial feasibility study shall separately address the fiscal concerns of each party to the proposed contract. A financial feasibility study shall at a minimum include a statement of the expected useful life of the regional project and a statement or projection of the costs and benefits to the county or municipality over the entire expected useful life of the project.    (Code 1981, §36-73-3, enacted by Ga. L. 1995, p. 699, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1998, "study" was inserted near the end of the first sentence.
GA Code § 36-73-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 73 - Contracts for Regional Facilities|§ 36-73-4. Impingement Upon Powers, Authority, Rights, and Duties of Sheriffs Prohibited

 No contract under Article IX, Section IV, Paragraph IV of the Constitution shall in any manner impinge upon the constitutional and statutory powers, authority, rights, and duties granted to the sheriffs of this state prior to the adoption of said Paragraph IV.    (Code 1981, §36-73-4, enacted by Ga. L. 1995, p. 699, § 1.)
GA Code § 36-75-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 75 - Public Safety and Judicial Facilities|§ 36-75-1. Short Title

 This chapter shall be known and may be cited as the "Public Safety and Judicial Facilities Act.”    (Code 1981, §36-75-1, enacted by Ga. L. 2003, p. 862, § 1; Ga. L. 2004, p. 631, § 36; Ga. L. 2021, p. 684, § 1/HB 579.)    The 2021 amendment,  effective July 1, 2021, substituted "‘Public Safety and Judicial Facilities Act'" for "‘War on Terrorism Local Assistance Act.'" in this Code section.
GA Code § 36-75-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 75 - Public Safety and Judicial Facilities|§ 36-75-2. Legislative Authority; Purpose

 This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the state covenants the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.    (Code 1981, §36-75-2, enacted by Ga. L. 2003, p. 862, § 1.)
GA Code § 36-75-4 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 75 - Public Safety and Judicial Facilities|§ 36-75-4. Public Safety and Judicial Facilities Authorities Created for Each County and Municipality; Joint Authority; Filing With Secretary of State

  There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "public safety and judicial facilities authority" of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation.   Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority to be known as the "joint public safety and judicial facilities authority" for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed.   A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.     (Code 1981, §36-75-4, enacted by Ga. L. 2003, p. 862, § 1; Ga. L. 2006, p. 72, § 36/SB 465.)