Issues Considered in Decision on Application for Permit

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The governing authority shall consider the following in making its determination:

  1. The presumption in favor of leaving the cemetery or burial ground undisturbed;
  2. The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
  3. The economic and other costs of mitigation;
  4. The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
  5. 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
  6. Any other compelling factors which the governing authority deems relevant.

(Code 1981, §36-72-8, enacted by Ga. L. 1991, p. 924, § 3.)


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