Minimum Acreage for Cemeteries; Exceptions

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  2. Georgia Code
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  4. Cemetery and Funeral Services
  5. Minimum Acreage for Cemeteries; Exceptions

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  1. Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land.
  2. The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:
    1. All cemeteries registered according to this chapter prior to August 1, 1986; or
    2. Cemeteries initially registered on or after August 1, 1986, but before July 1, 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.
  3. The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.

(Code 1981, §44-3-135, enacted by Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1986, p. 1468, §§ 7, 8; Ga. L. 1987, p. 3, § 44; Ga. L. 1992, p. 2397, § 1; Code 1981, §10-14-10, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2006, p. 1087, § 4/HB 910.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, "chapter" was substituted for "article" in paragraph (b)(1).

RESEARCH REFERENCES

C.J.S.

- 14 C.J.S., Cemeteries, § 11.


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