Georgia Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Disinterment by coroner without good grounds. Ga. Code Ann. § 31-21-42
It is unlawful for a person to give a coroner an affidavit to disinter a body that does not have facts to support it. In addition, it is unlawful for a coroner to decide on his or her own to disinter a body without having good grounds for it. In either situation, if the person submitted an affidavit or the coroner disinterred a body because of malice or mischief, then they are guilty of a misdemeanor. However, these cases must be decided by a coroner’s jury and if the jury concludes that there were reasonable grounds for the disinterment at the time, then the jury must acquit the defendant.
History: Section enacted in 1964; current through 2009 Legislative Session.
Prohibited acts at parks or historical sites. Ga. Code Ann. § 12-3-10
It is unlawful for a person to dig or excavate on the land of a park or historic site unless the person has written permission from the Commissioner of Natural Resources. If a police officer arrests a person for violating this section, the officer can choose to issue that person a court summons. This summons will show: that it is issued under the authority of the Department of Natural Resources; the name of the person being summoned, or a notation that the person refused to give a name or gave a likely false name; the offense that the person committed, along with the time and date; the date, time and location when the person must appear at court; a statement that the person’s failure to appear violates Georgia law; the date that the officer serves the summons; and the officer’s name. If the person fails to appear on the date given in the summons, the judge can issue an arrest warrant to bring the person before the court.
History: Section enacted in 1976; current through 2009 Legislative Session.
Directing persons to leave parks, historic sites, or recreation areas; penalty. Ga. Code Ann. § 12-3-10.1
Any person found violating section 12-3-10 can be ordered to leave the park or historic site. In addition, that person is guilty of a misdemeanor.
History: Section enacted in 1981; current through 2009 Legislative Session.
Prohibited acts as to archeological, aboriginal, prehistoric, or historic sites; penalty. Ga. Code Ann. § 12-3-621
It is generally unlawful to excavate and remove human remains or archaeological artifacts from aboriginal, prehistoric, or historic sites, but there are several exceptions. First, anyone can remove archaeological artifacts that are found exposed on the surface of dry land, although this exception does not include human remains. Second, anyone who is operating legally under Section 106 of the National Historic Preservation Act can excavate sites as allowed. Third, anyone with specific written permission from the owner of private land can excavate sites on that owner’s land. Anyone who does not fall under one of the sections and who violates this section is guilty of a misdemeanor.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Buying, selling, trading, importing, or exporting American Indian burial, sacred, or cultural objects. Ga. Code Ann. § 12-3-622
It is unlawful for anyone to buy, sell, trade, import, or export any American Indian burial object , sacred object , or object of cultural patrimony if the person knows that the object is of American Indian origin. A person who violates this section is guilty of a misdemeanor and can be punished by a fine of up to $500 for every object involved in the violation.
History: Section enacted in 1992; current through 2009 Legislative Session.
Traffic in human bodies. Ga. Code Ann. § 31-21-41
It is unlawful for anyone to buy or sell dead human bodies, or to transport dead bodies for sale in other states. This prohibition does not apply to the state board that arranges for the distribution and delivery of dead bodies, which can offer to buy dead bodies from the deceased’s next of kin in an amount up to that of a regular Social Security benefit. Anyone who violates this section can be punished by imprisonment and labor for between one and ten years.
History: Section enacted in 1964; current through 2009 Legislative Session.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Removal of dead body from grave for purposes of sale or dissection. Ga. Code Ann. § 31-21-43
It is unlawful for anyone to remove a dead human body from a grave or other burial place like a vault or tomb for the purpose of selling or dissecting it. It is also unlawful for anyone to receive or buy a dead human body that the person knows was obtained in this way. A person who violates this section can be punished by imprisonment and labor for between one and ten years.
History: Section enacted in 1964; current through 2009 Legislative Session.
Wanton or malicious removal of dead body from grave or disturbance of contents of grave; receipt, retention, disposal, or possession of unlawfully removed dead body or bodily part. Ga. Code Ann. § 31-21-44
It is unlawful for anyone to wantonly or maliciously remove a dead human body from a grave or other burial place like a tomb or vault. It is also unlawful for anyone to receive or possess a dead body that the person knows was obtained in this way. This prohibition does not apply to anyone who has a legal duty to possess and dispose of dead bodies, like law enforcement personnel, coroners, medical examiners, funeral home and cemetery operators, and medical personnel. Anyone else who violates this section is guilty of a felony that is punishable by a prison sentence between one and five years and a fine.
History: Section enacted in 1980; current through 2009 Legislative Session.
Throwing away or abandonment of dead bodies prohibited; punishment. Ga. Code Ann. § 31-21-44.2
It is unlawful for a person to throw away or abandon a dead human body or body part. There are, however, several exceptions. First, this section does not apply to the final disposition of a dead body under a legal death certificate, which can include interment, entombment, inurnment, scattering of cremated remains, or burial at sea. Second, the section does not apply to anyone who has a legal duty to possess and dispose of dead bodies, like law enforcement personnel, coroners, medical examiners, funeral home and cemetery operators, and medical personnel. Anyone who violates this section and is not included in one of the exceptions is guilty of a felony that is punishable by a prison sentence of between one and three years.
History: Section enacted in 2002; current through 2009 Legislative Session.
Public exhibit or display of dead human bodies of American Indians or American Indian human remains. Ga. Code Ann. § 31-21-45
It is generally unlawful for a person to publicly exhibit or display dead bodies of American Indians or American Indian human remains, although there are a few exceptions. First, such bodies or remains can be displayed as part of a funeral or burial service. Second, they can be displayed for education or instruction as part of a course at an accredited university, college, or school. Third, they can be displayed as part of an educational exhibit or display, provided that the person or institution putting on the exhibit has gotten express written permission from the lineal descendants of the deceased. If the person or institution cannot identify a lineal descendant, then they must get permission from the Council on American Indian Concerns (§ 44-12-280). Anyone who violates this section and does not fall under one of these exceptions is guilty of a felony, which is punishable by a prison sentence between one and two years.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Removal of dead body from grave for purposes of sale or dissection. Ga. Code Ann. § 31-21-43
It is unlawful for anyone to remove a dead human body from a grave or other burial place like a vault or tomb to sell or dissect it. It is also unlawful for anyone to receive or buy a dead human body that the person knows was obtained in this way. A person who violates this section can be punished by imprisonment and labor for between one and ten years.
History: Section enacted in 1964; current through 2009 Legislative Session.
Wanton or malicious removal of dead body from grave or disturbance of contents of grave. Ga. Code Ann. § 31-21-44
It is unlawful for a person to wantonly or maliciously disturb the contents of any grave or other burial place like a vault or tomb. Any person who violates this section is guilty of a felony that is punishable by a prison sentence between one and five years, and a fine.
History: Section enacted in 1980; current through 2009 Legislative Session.
Notification of law enforcement agency upon disturbance, destruction, or debasement of human remains. Ga. Code Ann. § 31-21-6
Any person who knows or has reason to believe that buried human remains are being disturbed must immediately notify local law enforcement. The law enforcement agency must then contact the coroner or medical examiner to examine the site and determine whether it is necessary to investigate the death. If the coroner or medical examiner decides that an investigation is not required, he or she must contact: (1) the governing body of the local county or municipality; and (2) the Department of Natural Resources. Furthermore, if the remains are believed to be those of an American Indian or an American Indian prehistoric ancestor, then the Department of Natural Resources must contract the Council on American Indian Concerns.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Penalty for defacing or destroying historical or archaeological site. Ga. Code Ann. § 12-3-54
Any person who intentionally defaces or destroys an object or site of archaeological or historical value is guilty of a misdemeanor.
History: Section enacted in 1969; current through 2009 Legislative Session.
Prohibited acts as to archeological, aboriginal, prehistoric, or historic sites; penalty. Ga. Code Ann. § 12-3-621
It is generally unlawful to destroy or deface aboriginal, prehistoric, or historic sites. Moreover, it is unlawful to break or tamper with a lock, gate, door, or other obstruction designed to prevent access to an area that contains such a site. Anyone who violates this section is guilty of a misdemeanor.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What is the criminal liability for unlawfully reproducing historic or archeological artifacts?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
We are unable at this time to locate a statute that specifically refers to unlawful destruction of tombs, monuments, or gravestones. For the general criminal statute on destruction of property, click here.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Theft of a gravestone or monument. Ga. Code Ann. § 16-8-12
It is unlawful for a person to take property like a gravestone or monument that serves as a memorial to the dead. A person who commits such a theft can be punished by a prison sentence between one and three years. Moreover, it is unlawful to take a gravestone or monument to one or more deceased people who served in the military if the gravestone or monument is privately owned or located on privately owned land. The punishment for such a violation is a prison sentence between one and three years if the value of the stolen property was under $300, and a prison sentence between three and five years if the value of the stolen property was above $300.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Defacing or disturbing natural condition of cave; breaking or tampering with gates, doors, or other device controlling or preventing access to caves; trespass. Ga. Code Ann. § 12-4-143
It is unlawful for any person, without the owner’s permission, to willfully destroy, disturb, deface, or mar the surfaces of any cave or any natural or archeological material within the cave. This prohibition would likely include petroglyphs.
History: Section enacted in 1977; current through 2009 Legislative Session.
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What is the criminal liability for removing or damaging headstones?
Theft of a gravestone or monument. Ga. Code Ann. § 16-8-12
It is unlawful for a person to take property like a gravestone or monument that serves as a memorial to the dead. A person who commits such a theft can be punished by a prison sentence between one and three years. Moreover, it is unlawful to take a gravestone or monument to one or more deceased people who served in the military if the gravestone or monument is privately owned or located on privately owned land. The punishment for such a violation is a prison sentence between one and three years if the value of the stolen property was under $300, and a prison sentence between three and five years if the value of the stolen property was above $300.
Criminal trespass. Ga. Code Ann. § 16-7-21
It is unlawful to enter private land to deface or damage a gravestone or monument to one or more deceased people who served in the military. A person who commits such an act is guilty of criminal trespass, a misdemeanor crime.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the general state criminal laws for abuse of corpse?
Abuse of dead body. Ga. Code Ann. § 31-21-44.1
It is unlawful for a person to willfully deface a dead body wherever it is located. Furthermore, if a person is caring for another person outside a hospital, and discovers that the person has died, the caregiver must notify local law enforcement within six hours. Failure to notify law enforcement within six hours after discovery also constitutes abuse of a dead body. Any person who commits abuse of a dead body is guilty of a felony, which is punishable by a prison sentence between one and three years.
History: Section enacted in 1995; current through 2009 Legislative Session.
Notification of law enforcement agency upon disturbance, destruction, or debasement of human remains. Ga. Code Ann. § 31-21-6
Any person who knows or has reason to believe that buried human remains are being defaced or mutilated must immediately notify local law enforcement. The law enforcement agency must then contact the coroner or medical examiner to examine the site and determine whether it is necessary to investigate the death. If the coroner or medical examiner decides that an investigation is not required, he or she must contact: (1) the governing body of the local county or municipality, and (2) the Department of Natural Resources. Furthermore, if the remains are believed to be those of a Native American or a Native American prehistoric ancestor, then the Department of Natural Resources must contract the Council on American Indian Concerns.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What are the general state criminal laws for theft?
Theft by taking. Ga. Code Ann. § 16-8-2
A person commits theft when he or she takes another’s property while intending to deprive that person of the property.
History: Section enacted in 1968; current through 2009 Legislative Session.
Theft of lost or mislaid property. Ga. Code Ann. § 16-8-6
A person commits "theft of lost or mislaid property" when he or she: (1) comes into control of property that he or she knows or discovers that another person lost or mislaid; and (2) takes the property without first taking reasonable measures to give the property back to the rightful owner.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the general state criminal laws for receiving stolen property?
Theft by receiving stolen property. Ga. Code Ann. § 16-8-7
A person commits theft by receiving stolen property when he or she receives, disposes of, or retains property that he or she knows or should know was stolen. However, this section does not apply to someone who receives and holds onto such property in order to return it to its rightful owner.
History: Section enacted in 1968; current through 2009 Legislative Session.
Theft by receiving property stolen in another state. Ga. Code Ann. § 16-8-8
A person commits this offense when he or she receives, disposes of, or retains property that he or she knows or should know was stolen in another state. However, this section does not apply to someone who receives and holds onto such property in order to return it to its rightful owner.
History: Section enacted in 1972; current through 2009 Legislative Session.
Theft by bringing stolen property into state. Ga. Code Ann. § 16-8-9
A person commits this offense when he or she brings into this state any property which he or she knows or should know was stolen in another state.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the general state criminal laws for unlawful trespass?
Criminal trespass. Ga. Code Ann. § 16-7-21
Several different illegal activities are classified as criminal trespass. First, when one intentionally damages another person’s property without their consent, and the value of the damage is less than $500. Second, when one knowingly and maliciously interferes with another person’s use or possession of their property, and the person does not consent to the interference. Third, when one knowingly enters another person’s land, vehicle, railroad car, aircraft, or watercraft for an unlawful purpose. Fourth, when one knowingly enters another person’s land, vehicle, railroad car, aircraft, or watercraft after the owner explicitly forbade the person from doing so. Finally, when one or remains on another person’s land, vehicle, railroad car, aircraft, or watercraft once the owner has asked that person to leave. A person who commits criminal trespass in one of these ways is guilty of a misdemeanor.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the general state criminal laws for mischief?
We are unable to locate information relevant to this question at this time.
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What are the general state criminal laws for damage to property?
Criminal damage to property in the first degree. Ga. Code Ann. § 16-7-22
A person commits first degree criminal damage to property when he or she knowingly and without permission interferes with any property in a manner that endangers human life. A person who commits this crime is punishable by a prison sentence of between one and ten years.
History: Section enacted in 1968; current through 2009 Legislative Session.
Criminal damage to property in the second degree. Ga. Code Ann. § 16-7-23
A person commits second degree criminal damage to property when he or she: (1) intentionally and without permission damages another’s property in such a way that the value of the damage exceeds $500; or (2) recklessly or intentionally damages another’s property through the use of fire or explosives. A person who commits this crime is punishable by a prison sentence of between one and five years.
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the general state criminal laws for hate crimes?
NOTE: Georgia does not have a comprehensive hate crimes law as of the 2009 legislative session. The state enacted a hate crimes law in 2000, only to have it overturned in 2004 on grounds of being "too vague." For more information, click here.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archeological resources restricted in this state?
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
For the most part, the State of Georgia and the Department of Natural Resources enjoy the exclusive authority to explore and excavate all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and similar sites that are located on state-owned or state-controlled lands. This reservation does not apply to property that the Board of Regents of the University System of Georgia owns or controls.
are involved, the research plan must include steps for identifying and notifying lineal descendants, for skeletal analysis, and for disposition as required by Ga. Code Ann. § 44-12-262. Moreover, once the department issues a permit to excavate an aboriginal, prehistoric, or American Indian burial site, the department must send written notice to the Council on American Indian Concerns.
A permit holder can renew a permit upon or before the date when it is set to expire under its terms and conditions. Furthermore, the department may revoke a permit if the department determines that the permit holder has violated this section or any of the permit’s terms or conditions.
Anyone who is aggrieved or adversely affected by a department decision has 30 days after that decision is made to file a petition for a hearing. Once a petition is filed, a hearing before an administrative law judge can be scheduled. The judge will conduct the hearing by following the requirements in the Georgia Administrative Procedure Act (Ga. Code Ann. §§ 50-13-40 et seq.). At that hearing, the department is entitled to offer arguments about whether the petitioner is indeed aggrieved or adversely affected by the decision. The administrative law judge’s ruling is final, but any party to the case has the right to judicial review, again under the Georgia Administrative Procedure Act.
History: Section enacted in 1969; current through 2009 Legislative Session.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
The Department of Natural Resources can grant permits or enter into contracts with qualified individuals or scientific institutions to collect or remove historical or archaeological artifacts on state land if the department determines it is necessary. To apply for a permit, an applicant must submit a detailed research plan that outlines the location, objectives, scope, methods, and expected results of the collection work. For more information about permits, click here. If burial sites are involved, the research plan must include steps for identifying and notifying lineal descendants, for skeletal analysis, and for disposition of any collected artifacts.
Once the department issues a permit to collect artifacts from an aboriginal, prehistoric, or American Indian burial site, the department must send written notice to the Council on American Indian Concerns. Moreover, the individual or institution that is collecting or removing artifacts must take steps to ensure that the artifacts are only used for scientific or public educational purposes. Any artifacts that are removed from state lands remain state property, except for artifacts that need to be repatriated under Ga. Code Ann. § 44-12-262.
Finally, the state urges that all archaeological research that is conducted on private land within Georgia is also only conducted by qualified scientific institutions or individuals.
History: Section enacted in 1969; current through 2009 Legislative Session.
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What specific laws restrict the alienation or use of historical burial places?
Authority of counties and municipalities to preserve abandoned cemeteries. Ga. Code Ann. § 36-72-3
Counties and municipalities are allowed to take necessary steps to protect or preserve any abandoned cemetery or historical burial ground within their territory. This includes using public money to pay to maintain an abandoned cemetery when the person or entity legally responsible for maintenance is not doing so. To recoup the money that it spends, a county or municipality can charge the person responsible for maintenance, or can exercise eminent domain to acquire lands equal in value to the amount owed.
History: Section enacted in 1991; current through 2009 Legislative Session.
Permit required for developing land on which cemetery located. Ga. Code Ann. § 36-72-4
It is unlawful for a property owner to develop or change a cemetery, burial ground, human remains, or burial object that is located on his or her land without first getting a permit. The property owner can obtain such a permit from the county or municipality where his or her property is located.
History: Section enacted in 1991; current through 2009 Legislative Session.
Application for permit. Ga. Code Ann. § 36-72-5
This section describes what information a property owner must include on an application for a permit. First, the application must include a legal opinion based on a title search that states that the applicant is the rightful owner of the land where the cemetery or burial ground is located. Second, it must include a report prepared by an archaeologist that states the number of graves believed to be present and their locations. The archaeologist can determine their locations by using minimally invasive investigation techniques such as remote sensing methods and metal probes. Third, the application must include a survey prepared by a registered surveyor that shows the location and boundaries of the cemetery or burial ground based on the archaeologist’s report. Fourth, a plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in the cemetery at issue. Additionally, if those individuals buried or believed to be buried in the cemetery are of aboriginal or American Indian descent, then the genealogist must notify any culturally affiliated American Indian tribe along with any known descendants. Moreover, in that case, the genealogist must also consult with the Council on American Indian Concerns. Finally, the application must include a proposal to avoid or mitigate any harmful effects that the planned activity might have on the cemetery or burial ground. If the proposal includes relocating any human remains or burial objects, it must 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.
History: Section enacted in 1991; current through 2009 Legislative Session.
Identification and notification of descendants of person in cemetery sought to be developed. Ga. Code Ann. § 36-72-6
The applicant must begin to implement the genealogist’s plan for identifying and locating descendants, at the latest, by the time that the applicant submits the permit application to the county or municipality governing body. Once the governing body reviews the application, it can require that the applicant undertake additional actions as a condition for issuing a permit.
The notice that the applicant provides to descendants must include information about how a descendant can contact the governing body, along with a statement of the descendant’s rights over his or her ancestor’s buried remains. If a descendant indicates interest, the governing body must promptly inform the descendant about any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and procedures for appeal.
History: Section enacted in 1991; current through 2009 Legislative Session.
Public hearing on development of abandoned cemetery; time for decision on application for permit. Ga. Code Ann. § 36-72-7
The county or municipality governing body is responsible for scheduling a public hearing on a permit application after: (1) it is satisfied that the applicant made all reasonable efforts to notify descendants; and (2) it has received recommendations from the review board or commission that the governing body can establish under Ga. Code Ann. § 36-72-9. The governing body must publish a notice for the hearing in the local newspaper once a week for two consecutive weeks immediately before the week when it will hold the hearing. At the hearing, any interested party or citizen can appear before the governing body and have an opportunity to be heard.
After the hearing, the governing body has 30 days to reach a decision on a permit application and to notify the applicant about that decision. The governing body can reach one of three possible decisions. First, it can deny the application, and then must give the applicant written reasons for the denial. Second, it can issue a permit that adopts the applicant’s entire application. Third, the governing body can issue a permit that only adopts the application in part, and includes additional requirements to mitigate the proposed activity’s adverse effect on the cemetery or burial ground. These requirements can include relocating the proposed project, reserving the cemetery or burial ground as an undeveloped area within the proposed development, and respectful disinterment and proper disposition of the human remains.
History: Section enacted in 1991; current through 2009 Legislative Session.
Issues considered in decision on application for permit. Ga. Code Ann. § 36-72-8
The governing body should consider the following factors in making its determination: (1) a presumption in favor of leaving the cemetery or burial ground undisturbed; (2) the concerns and comments of any interested parties, especially descendants of those buried in the cemetery or burial ground; (3) the economic and other costs of mitigating the harm to the cemetery or burial ground; (4) the adequacy of the applicant’s plans for disinterment and proper disposition of human remains or burial objects; (5) achieving a balance between the applicant’s interest in disinterment and the public’s and any descendant’s interest in the value of the undisturbed cultural and natural environment; and (6) any other compelling factors that the governing body deems relevant.
History: Section enacted in 1991; current through 2009 Legislative Session.
Establishment of board or commission to review applications in counties exceeding certain population size. Ga. Code Ann. § 36-72-9
The governing body of any county with a population above 290,000 (as determined by the United States decennial census) should establish a board or commission to hear and review these sorts of permit applications. The board or commission would be responsible for conducting a public hearing within 60 days after a permit application is filed, and for submitting a written recommendation to the governing body fewer than 15 days after holding the hearing. The recommendation would provide opinions about 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.
History: Section enacted in 1991; current through 2009 Legislative Session.
Application fee. Ga. Code Ann. § 36-72-10
The governing body can impose an application fee in an amount that reflects the cost of processing and reviewing a permit application. This amount can include the cost of hiring an attorney, independent archaeologist, and independent surveyor to assist in making recommendations regarding the applicant’s plan. However, if the governing body decides to impose a fee, it cannot exceed $2,500.
History: Section enacted in 1991; current through 2009 Legislative Session.
Appeal of decision on application for permit. Ga. Code Ann. § 36-72-11
If an applicant or descendant is dissatisfied with the governing body’s decision on a permit application, then he or she can file an appeal within 30 days after the decision is issued. The appeal must be filed in the superior court of the county where the cemetery or burial ground is located, as well as any superior court as required under the Georgia Administrative Procedure Act (Ga. Code Ann. § 50-13-19).
History: Section enacted in 1991; current through 2009 Legislative Session.
Development activities pending appeal. Ga. Code Ann. § 36-72-12
If an applicant receives a permit, then he or she cannot begin or resume activities at the cemetery or burial site during the 30 day period in which descendants have to appeal. If a descendant files an appeal, then the applicant can only begin or resume activities once he or she gets consent from the governing body or the descendant who filed the appeal, or once he or she receives an order from the reviewing court.
History: Section enacted in 1991; current through 2009 Legislative Session.
Inspection to ensure applicant’s compliance. Ga. Code Ann. § 36-72-13
The governing body or local law enforcement is allowed to conduct any necessary inspections to ensure that the applicant is complying with requirements in a permit or order from the reviewing court.
History: Section enacted in 1991; current through 2009 Legislative Session.
Jurisdiction of superior court; expending private or public funds to mitigate harm to cemetery. Ga. Code Ann. § 36-72-14
When a state agency files an application for a permit, then the superior court for the county where the cemetery or burial ground is located has exclusive jurisdiction over the permit application.
Furthermore, when a state agency’s actions harm a cemetery or burial ground, the agency can use public funds to pay for the cost of mitigating that harm or reinterring affected human remains. If a private individual’s actions harm a cemetery or burial ground, then that individual must pay for the mitigation costs. In addition, governing bodies must pay to reinter human remains that are exposed as a result of vandalism by an unidentified vandal or by erosion in a cemetery within the governing body’s territory.
History: Section enacted in 1991; current through 2009 Legislative Session.
Penalties. Ga. Code Ann. § 36-72-16
Any person who knowingly fails to comply with these sections is guilty of a high and aggravated misdemeanor, punishable by a fine of up to $5,000 for each grave site disturbed. Moreover, any person who knowingly violates Ga. Code Ann. § 36-72-4 is guilty of a high and aggravated misdemeanor that is punishable by a prison sentence of up to 6 months, plus a fine of up to $5,000 for each grave site disturbed.
History: Section enacted in 1991; current through 2009 Legislative Session.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
Limitation on prosecutions; generally. Ga. Code Ann. § 17-3-1
Prosecutions for felonies must be commenced within four years after the commission of the crime. In addition, prosecutions for misdemeanors must be commenced within two years after the commission of the crime.
History: Section enacted in 1968; current through 2009 Legislative Session.
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?
Trespass or damage to realty. Ga. Code Ann. § 9-3-30
Plaintiffs must bring actions for trespass or damage to real property within four years after an injury occurs.
History: Section enacted in 1855; current through 2009 Legislative Session.
Recovery of personal property; damages for conversion or destruction. Ga. Code Ann. § 9-3-32
Plaintiffs must bring actions to recover personal property, or to recover damages for the conversion or destruction of personal property, within four years after an injury occurs.
History: Section enacted in 1855; current through 2009 Legislative Session.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
NOTE: as described here and here, a general misdemeanor is punishable by a prison sentence up to 12 months, a fine up to $1,000, and community service. In addition, a high and aggravated misdemeanor is punishable by a prison sentence up to 12 months, a fine up to $5,000, and community service.
As described here, a felony is punishable by a prison sentence of more than one year and a fine above $1,000.
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What are the class designations for misdemeanors and felonies in the state?
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
Penalties for violation of Code Sections 44-12-261 and 44-12-262. Ga. Code Ann. § 44-12-264
The Council on American Indian Concerns can impose a civil penalty on any museum that fails to comply with sections 44-12-261 or 44-12-262. Those sections require an inventory and repatriation of any American Indian human remains or burial objects in the museum’s possession. The council should base the amount of the penalty on: (1) the archeological, historical, or commercial value of the item involved; (2) the economic and noneconomic damages suffered by an aggrieved party; and (3) the number of violations that have occurred. However, the amount of the civil penalty cannot exceed $5,000.
Whenever the council decides to impose a civil penalty, it must send a written notification that: sets forth the date, facts, and nature of each violation; identifies the particular provision or provisions of the Code involved in the violation; sets the amount of penalty that the council plans to impose; and informs the museum that if it fails to pay the civil penalty, the council can collect it through civil action. After a museum receives this notice, it has a reasonable period in which to respond with reasons why the council should not impose a penalty. If the council still decides to impose a penalty, then the museum can file an appeal under the Georgia Administrative Procedure Act (Ga. Code Ann. §§ 50-13-40 et seq.) If a museum fails to pay a civil penalty, then the council can request the attorney general to file a civil action to collect the amount owed.
History: Section enacted in 1981; current through 2009 Legislative Session.
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What are the administrative sanctions related to burial protection in the state?
Penalties. Ga. Code Ann. § 36-72-16
Any person who knowingly fails to comply with sections 36-72-4 to 36-72-14 is guilty of a high and aggravated misdemeanor, punishable by a fine of up to $5,000 for each grave site disturbed. Moreover, any person who knowingly violates Ga. Code Ann. § 36-72-4 is guilty of a high and aggravated misdemeanor that is punishable by a prison sentence of up to 6 months, plus a fine of up to $5,000 for each grave site disturbed.
History: Section enacted in 1991; current through 2009 Legislative Session.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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How are future interests in property involving burials subject to the rule against perpetuities?
NOTE: Sections 44-6-200 to 44-6-206 contain the "Uniform Statutory Rule Against Perpetuities." This act would also apply to future interests in property involving burials.
Validity of nonvested property interest or power of appointment. Ga. Code Ann. § 44-6-201
First, a nonvested property interest is invalid unless, when the interest is created, it is certain either to vest or to terminate: within the lifetime of an individual alive at the time; within 21 years after that individual’s death; or within 90 years after the interest’s creation. Second, a general power of appointment that one cannot immediately exercise because of a condition precedent is invalid unless, when the power is created, the condition precedent is certain either to be satisfied or to become impossible to satisfy: within the lifetime of an individual alive at the time; within 21 years after that individual’s death; or within 90 years after the power’s creation. Finally, a nongeneral power of appointment or a general testamentary power of appointment is invalid unless, when the power is created, it is certain to be irrevocably exercised or otherwise to terminate within: the lifetime of an individual alive at the time; within 21 years after the individual’s death; or within 90 years after the power’s creation. Under any of these three scenarios, the possibility that a child will be born to an individual after the individual’s death is irrelevant.
History: Section enacted in 1990; current through 2009 Legislative Session.
Time of creation of nonvested property interest or power of appointment. Ga. Code Ann. § 44-6-202
With two exceptions, the time when a grantor creates nonvested property interest or power of appointment is determined under general property law principles. The first exception applies when only one person is eligible to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment. In this circumstance, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. The second exception applies to a nonvested property interest or a power of appointment that arises from a transfer of property to a previously existing trust or other property arrangement. In this circumstance, the new nonvested property interest or power of appointment is considered to be created at the same time as the interest or power in the original contribution.
History: Section enacted in 1990; current through 2009 Legislative Session.
Reform of disposition by court to approximate grantor’s plan of distribution. Ga. Code Ann. § 44-6-203
An interested person can petition a court to reform a grant or disposition in such a way that comes closest to the grantor’s original intention. The interested person can file a petition in one of three circumstances. First, if a nonvested property interest or a power of appointment becomes invalid under Ga. Code Ann. § 44-6-201. Second, if a class gift is not but might still become invalid under § 44-6-201 and the time has arrived for any class member to take possession of his or her share. Third, if a nonvested property interest can vest, but not: within the lifetime of an individual alive at the time; within 21 years after that individual’s death; or within 90 years after the interest’s creation.
History: Section enacted in 1990; current through 2009 Legislative Session.
Exceptions to applicability of article. Ga. Code Ann. § 44-6-204
Ga. Code Ann. § 44-6-201 does not apply to a variety of legal arrangements and property transfers. First, this exception includes a nonvested property interest or a power of appointment arising out of a nondonative transfer, but not a nonvested property interest or a power of appointment arising out of: a premarital or postmarital agreement; a separation or divorce settlement; a spouse’s election; a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; a contract to make or not to revoke a will or trust; a contract to exercise or not to exercise a power of appointment; a transfer in satisfaction of a duty of support; or a reciprocal transfer. Second, the exception includes a fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income. Third, the exception includes the power to appoint a fiduciary. Fourth, it includes discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. However, a fiduciary is not permitted to continue to administer or manage the assets of a nonvested property interest once it is invalidated under § 44-6-201. Fifth, the exception includes a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision. Sixth, it includes a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan. Finally, the exception includes a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
History: Section enacted in 1990; current through 2009 Legislative Session.
Applicability of article; court reform of nonvested dispositions created before article became effective. Ga. Code Ann. § 44-6-205
The first part of this section applies to a nonvested property interest or a power of appointment that is created on or after May 1, 1990. For these interests, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
The second part of this section applies to a nonvested property interest or a power of appointment that was created before May 1, 1990, and that violates this state’s rule against perpetuities as that rule existed before May 1, 1990. For these interests, an interested party can petition a court to exercise its equitable power to reform the disposition in the manner that most closely approximates the grantor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History: Section enacted in 1990; current through 2009 Legislative Session.
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How can the state exercise eminent domain over a cemetery or historic property?
NOTE: Sections 22-1-1 to 22-1-14 contain general requirements and procedures for eminent domain. These sections would also apply to situations where the state tries to exercise eminent domain over a cemetery or historic property.
Definitions. Ga. Code Ann. § 22-1-1
This section defines "blighted property ," "common carrier ," "condemnor" or "condemning authority ," "economic development ," "each person with a legal claim ," "interest ," "persons ," "property ," "public use ," and "public utility ."
History: Section enacted in 1929; current through 2009 Legislative Session.
Nature of right of eminent domain; property to be put to public use. Ga. Code Ann. § 22-1-2
The second part establishes rules and procedures for how the state can exercise eminent domain . Any lands that the state condemns and acquires by eminent domain cannot be used for anything other than public use for 20 years after the state first acquires them. Moreover, if the state fails to put acquired land to public use within 5 years, then it must provide notice to each former owner of the land. Once they receive this notice, any of the former owners have one year to apply in writing to the state to either get the land back, or request additional compensation. The state has 60 days to respond to an application upon receiving it, and can either: execute a quitclaim to give the land back to the former owner once the owner returns the amount of compensation the state originally paid; or pay additional compensation to the former owner, which is calculated by subtracting the price the state initially paid at the time of acquisition from the fair market value of the property at the time the application is filed. If the state does not take either of those two actions within 60 days, then the former owner can file suit in superior court in the following 90 days to either regain the land or receive additional compensation.
If the state acquired property from more than one owner for the same public use and it is thus impossible to reconvey the land or to give additional compensation to one single owner, then any of the original landowners can file suit in superior court to receive what the state owes them.
History: Section enacted in 1863; current through 2009 Legislative Session.
Power of General Assembly to determine when right of eminent domain may be exercised; duty of courts as to laws authorizing the condemnation of private property for private uses. Ga. Code Ann. § 22-1-3
The Georgia General Assembly has the authority to determine when to exercise the state’s right of eminent domain. However, if the General Assembly passes a law to take private land for a private rather than a public use, then the courts must strike down the law as invalid.
History: Section enacted in 1863; current through 2009 Legislative Session.
Manner in which General Assembly may exercise right of eminent domain. Ga. Code Ann. § 22-1-4
The General Assembly can exercise the state’s right of eminent domain through officers of the state, through corporate bodies, or other individuals.
History: Section enacted in 1863; current through 2009 Legislative Session.
Requirement of just compensation as a limitation on exercise of power of eminent domain. Ga. Code Ann. § 22-1-5
The state must give a private landowner just compensation before taking land through eminent domain, except in cases of "extreme necessity and great urgency."
History: Section enacted in 1863; current through 2009 Legislative Session.
Right of persons to take or damage private property upon payment of just and adequate compensation. Ga. Code Ann. § 22-1-6
If a representative of the state (Ga. Code Ann. § 22-1-8) is unable to negotiate a contract to acquire a property, easement, right-of-way, waterway, franchise, or other interest from a private owner through eminent domain, then the representative can "take or damage" the property or interest after paying the private owner just compensation.
History: Section enacted in 1894; current through 2009 Legislative Session.
Effect of failure to agree on compensation. Ga. Code Ann. § 22-1-7
If the state and private landowner cannot agree on what compensation should be paid for land, then the amount should be determined under the requirements in Article 1, Chapter 2, Title 22.
History: Section enacted in 1894; current through 2009 Legislative Session.
Policies and practices guiding exercise of eminent domain. Ga. Code Ann. § 22-1-9
This section introduces recommendations that the state should use when exercising eminent domain, whenever possible, to make the process less contentious and more efficient. First, the state should try, whenever possible, to negotiate with private landowners to acquire needed land. Second, if the state wants to acquire land in fee simple , the state should hire an appraiser to determine the land’s value before starting negotiations with the private owner. If practical, the state should allow the owner to accompany the appraiser while the appraiser is making his or her valuation. Third, before starting negotiations the state should determine the land’s fair market value, and then start off the negotiation by offering to pay the private owner an amount that is not less than the fair market value. To help the private owner, the state should give to him or her a written statement that summarizes how the state arrived at the amount of its offer. Fourth, the private owner is not required to surrender possession of his or her land until the state pays the agreed purchase price or the compensation amount that is determined by a court. Fifth, the state should give private owners at least 90 days’ written notice to move their home or business from condemned land before the state commences a construction or development project on the land. Sixth, if the state allows the private owner to pay rent to temporarily remain on the condemned land, then the amount of rent cannot exceed the value of the property to a short-term renter. Seventh, the state should never act in bad faith to compel a private owner to agree to a particular price for their property. Eighth, the state should exercise its power of eminent domain through a formal condemnation proceeding, and should not force a private owner to have to assert his or her property rights through the courts. Finally, a private owner should be free to donate his or her property or the compensation paid by the state.
History: Section enacted in 2006; current through 2009 Legislative Session.
Duties of condemnor prior to exercise of eminent domain; rights of condemnee; exceptions. Ga. Code Ann. § 22-1-10
Before a government exercises its power of eminent domain, it must follow a set of procedures. First, at least 15 days before any meeting during which the government will consider a resolution to exercise eminent domain, the government should post a sign next to the property at issue. This sign should display information about the government’s proposed use for the land, and the time, date, and place of the government’s meeting. Second, also at least 15 days before such a meeting, the government should personally serve the property owner with notice about the meeting. If the property owner cannot be served in person, then the government should send the notice by certified mail. Third, the notice should also be published in the local newspaper, but not in the legal notices section. Fourth, the government must schedule the meeting for later than 6:00 PM. In addition, the resolution that the government presents should specifically describe each parcel of land that it affects.
Nongovernmental entities that are authorized to exercise eminent domain must follow a distinct set of procedures. First, at least 15 days before the entity is scheduled to approve exercising eminent domain, it should post a sign next to the property at issue. The sign should display information including: (1) the date of posting; (2) that the property is subject to a proposed condemnation that may be initiated after 15 days from the date of posting; and (3) the name, business address, and telephone number of the entity that is exercising eminent domain. Second, also at least 15 days before approving the use of eminent domain, the entity should personally serve the property owner with notice about the meeting. This notice should include the same information as the sign. If the property owner cannot be served in person, then the entity must send the notice by certified mail. Finally, the entity’s officials should give the private landowner the opportunity to meet with them prior to approving the use of eminent domain over the landowner’s property.
The private landowner has a set of rights that must be followed by a government or nongovernment entity that plans to exercise eminent domain. However, the landowner can agree to waive any rights or service requirements. Any notice that is personally served or mailed to a landowner should include a written statement of the landowner’s legal rights including the right to notice, damages, hearing, and appeal of any compensation award.
History: Section enacted in 2006; current through 2009 Legislative Session.
Time for bringing condemnation action; exceptions. Ga. Code Ann. § 22-1-10.1
In most cases a government or nongovernmental entity is barred from bringing a condemnation action for at least 30 days after passing a resolution or granting approval to exercise eminent domain. There are, however, two exceptions. First, in an emergency situation that threatens public health and safety, the government or nongovernmental entity can adopt an emergency resolution and condemn private land without satisfying the notice and hearing requirements. Second, if the private landowner consents to the eminent domain, then the government or nongovernment entity does not need to follow the 30-day limit.
History: Section enacted in 2006; current through 2009 Legislative Session.
Determination of authority to exercise public domain. Ga. Code Ann. § 22-1-11
Before the condemning authority (the government or nongovernmental entity) gains title over property through eminent domain, the private landowner has an opportunity to file suit in court to determine: (1) whether the exercise of eminent domain is for a public use; and (2) whether the condemning authority actually has the legal authority to exercise eminent domain. Once this suit is filed, the court can postpone all other pending decisions in the condemnation claim. In the suit, the condemning authority has the burden to prove that the condemnation is for a public use.
History: Section enacted in 2006; current through 2009 Legislative Session.
Reimbursement to property owner of reasonable costs and expenses associated with condemnation proceedings. Ga. Code Ann. § 22-1-12
In all condemnation actions, the court will award the private landowner an amount of money sufficient to reimburse the landowner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees. The landowner is still entitled to this reimbursement, even if the court ultimately determines that the condemning authority cannot acquire the real property by condemnation, or the condemning authority abandons the action.
History: Section enacted in 2006; current through 2009 Legislative Session.
Compensation to condemnee for relocation damages and expenses. Ga. Code Ann. § 22-1-13
Any private landowner whose land is condemned under eminent domain is entitled to the following relocation damages and expenses:
In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to compensation for: (1) actual reasonable expenses from moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the condemned property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and (3) other relocation expenses available under other laws. If the landowner agrees, the condemning authority can provide an alternative property as full or partial compensation.
History: Section enacted in 2006; current through 2009 Legislative Session.
Valuation of condemned property. Ga. Code Ann. § 22-1-14
In a condemnation proceeding, both sides can enter lay or expert testimony to determine the condemned property’s value. The court has the sole discretion to determine whether a particular witness’s testimony is admissible.
History: Section enacted in 2006; current through 2009 Legislative Session.
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How are conservation and preservation easements created in this state?
Short title. Ga. Code Ann. § 44-10-1
Sections 44-10-1 to 44-10-8 comprise the "Georgia Uniform Conservation Easement Act."
History: Section enacted in 1992; current through 2009 Legislative Session.
Creation or alteration of conservation easements; acceptance; duration; effect on existing rights and duties; limitation of liability. Ga. Code Ann. § 44-10-3
For the most part a conservation easement works in much the same way as any other form of easement ; specifically, how an easement is created, conveyed, recorded, assigned, released, modified, terminated, or altered. One difference, however, is that a conservation easement cannot be created or expanded through eminent domain. The holder of an easement and the person with a third-party right of enforcement do not have the right to sue to enforce a conservation easement until the easement is officially recorded. In general, a conservation easement is understood to last indefinitely, unless there is specific language that indicates otherwise in the document that creates it. Any real property interests, such as other easements or covenants, which already exist on the land before a conservation easement is created are not controlled by the conservation easement unless the interests are owned by the person who creates the conservation easement, and that person consents to the control. Finally, the fact that a person owns a conservation easement does not make that person liable for damage or injuries that another person may suffer on the property because of the conservation easement.
History: Section enacted in 1992; current through 2009 Legislative Session.
Actions affecting easements; parties; power of court to modify or terminate easement. Ga. Code Ann. § 44-10-4
The following people or entities can bring a lawsuit to enforce a conservation easement: the owner of land on which the conservation easement was placed; the holder of the conservation easement; a person with a third-party right of enforcement; or any other person authorized to bring suit by another law. In addition, the easement holder must be a party in any claim or proceeding that could result in a license, permit, or order for demolition, alteration, or construction on the property.
Despite the limitations in this section, courts are still free to modify or terminate conservation easements as needed.
History: Section enacted in 1992; current through 2009 Legislative Session.
Validity of easement. Ga. Code Ann. § 44-10-5
A conservation easement is valid even though: it is not appurtenant to an interest in real property; it can be or has been given to another holder; it is not of a character that has been recognized traditionally at common law; it imposes a negative burden ; it requires the owner of the burdened property or the holder of the easement to affirmatively do something; the benefit does not touch or concern real property ; or there is neither privity of estate nor privity of contract .
History: Section enacted in 1992; current through 2009 Legislative Session.
Interests covered by article; interests not invalidated by article. Ga. Code Ann. § 44-10-6
The Act applies to any interest that is created after July 1, 1992, whether or not it is explicitly called a conservation easement; this includes façade easements, easements , covenants , and equitable servitudes . In addition, these sections apply back to interests created before July 1, 1992, as long as a retroactive application like that does not violate the United States Constitution. Finally, the Act does not invalidate any conservation easement, covenant, equitable servitude, restriction, or easement that otherwise is valid under other Georgia state laws.
History: Section enacted in 1992; current through 2009 Legislative Session.
Construction and application of article to effect uniformity of laws. Ga. Code Ann. § 44-10-7
The Uniform Conservation Easement Act is meant to be applied in the same way in each state that chooses to enact it.
History: Section enacted in 1992; current through 2009 Legislative Session.
Recordation of easements; revaluation of encumbered property; appeals. Ga. Code Ann. § 44-10-8
The owner of a conservation easement can have the easement recorded in the office of the clerk of the county superior court. This recording works as a notice to the Board of Tax Assessors to revalue the owner’s land to include the easement. This revaluation will take effect in the next upcoming county tax digest. If the owner is dissatisfied with a revaluation, he or she can appeal to the Board of Equalization.
History: Section enacted in 1992; current through 2009 Legislative Session.
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How does the state create authorized rights-of-way through cemetery property?
NOTE: We were unable to locate any statute that specifically addresses how states can create authorized rights-of-way across cemetery property. Included below are relevant statutes about the general requirements for easements.
Methods of acquiring private ways. Ga. Code Ann. § 44-9-1
One can create a private way over another’s land by: express grant; prescription after seven years’ uninterrupted use through improved lands, or after 20 years’ use through wild lands; implication, if the right to cross another owner’s land is necessary to enjoy lands granted by that same owner; or by compulsory purchase and sale.
History: Section enacted in 1863; current through 2009 Legislative Session.
Loss of easement by abandonment or nonuse. Ga. Code Ann. § 44-9-6
An easement may be terminated by abandonment or nonuse if it continues for a long enough period that raises the presumption that the easement holder intends to release or abandon the easement.
History: Section enacted in 1895; current through 2009 Legislative Session.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Registration of dealers and cemeteries. Ga. Code Ann. § 10-14-4
In most cases, it is unlawful for a person to offer to sell or to sell cemetery lots or other types of grave spaces unless that person is registered as a cemetery owner or is employed by someone who is. However, some cemeteries do not need to be registered if, in the Secretary of State’s opinion, the public interest does not require the cemeteries to be registered. To fall under this exception, a cemetery must have existed before July 1, 2000, consist of less than 25 acres, and be operated by a nonprofit entity.
To become a registered cemetery owner, an individual or corporation must file an application that includes the following information: (1) the applicant’s name, mailing address, and telephone number; (2) the cemetery’s location, and the cemetery’s mailing address and telephone number if different from the applicant’s; (3) the location of all the applicant’s records that relate to the cemetery; (4) if the applicant is a corporation, the names of the president, secretary, and registered agent, and the date when the corporation was formed; (5) a copy of cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority if the applicant is a corporation (Ga. Code Ann. § 14-2-128), and any amendments to those documents; (6) a description of any judgment or pending litigation to which the applicant is a party that involves the cemetery’s operation and could materially affect the applicant’s business or assets; (7) a statement about whether the applicant owns any other cemeteries in Georgia and, if so, their locations, mailing addresses, telephone numbers; (8) a consent to service of process under Ga. Code Ann. § 10-14-24; (9) the name and business address of each individual authorized by the applicant to sell any grave lots or burial rights in the cemetery; (10) a copy of the applicant’s balance sheet dated as of the end of the most recent fiscal year, and in no event dated more than 15 months before the date when the application is filed; (11) evidence that the applicant owns the cemetery in fee simple , that the land is properly zoned for cemetery use, and is platted for burials; (12) evidence that the applicant has recorded a notice in the county public land records that reads "NOTICE—The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000"; (13) The name, address, location, and telephone number of the perpetual care trust account depository, the names of the accounts, and the account numbers; (14) The name, address, and telephone number of each trustee; and (15) a filing fee of $100.
Once these documents are filed with the Secretary of State, the applicant can incorporate them into any future renewals or registration applications. However, the applicant also has a duty to ensure that the documents remain up to date, and to send replacement copies to the secretary should there be any changes.
Once the secretary receives an application, he or she must conduct an investigation into the applicant. If the secretary finds that the applicant is "qualified by character, experience, and responsibility to conduct the business," then the secretary can grant the applicant a certificate of registration.
A cemetery registration expires on August 1 of each year. To renew a registration, an applicant must submit a renewal application that contains any information required in the initial application that the applicant modified over the past year. In addition, the application must include a sworn statement that all of the information not provided remains accurate, and a renewal fee of $50 for each cemetery that the applicant operates.
History: Section enacted in 1983; current through 2009 Legislative Session.
Change of ownership of cemeteries. Ga. Code Ann. § 10-14-9
When a cemetery is sold or transferred, the former owner is still liable for any funds that should have been deposited in the perpetual care trust fund before the date of sale or transfer. In addition, before the sale or transfer can be complete, the former owner must notify the Secretary of State of the transaction and send the secretary a record that shows the owner is not indebted to the cemetery’s perpetual care trust fund. The Secretary of State is also authorized to collect from the owner any money that the owner owes to the trust fund.
Once the sale or transfer is finalized, the new owner must submit an application to register the cemetery with the Secretary of State. The secretary will issue a certificate of registration as soon as the application is satisfactorily complete.
History: Section enacted in 1983; current through 2009 Legislative Session.
Disposition of municipal property generally. Ga. Code Ann. 36-37-6
A municipal corporation can sell lots from a municipal cemetery without following the auction procedures required for sales of other types of municipal land. Instead, a municipal corporation can sell cemetery lots in the open market without advertising and without accepting bids.
History: Section enacted in 1933; current through 2009 Legislative Session.
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How will the state regulate or sell unsuitable or condemned cemetery property?
We are unable to locate information relevant to this question at this time.
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What is the procedure for abandoning burial grounds or cemetery lots?
Forfeiture of abandoned cemetery lots; proceedings for reclamation and subsequent sale; disposition of proceeds. Ga. Code Ann. § 44-5-211
A cemetery’s owner, governing board, or other official can file a claim in county superior court to terminate a cemetery lot owner’s rights and to regain title to the lot . As criteria for starting a claim, the cemetery officials must not know the present lot owner, and at least 75 years must have passed since any portion of the lot was used for burying dead human bodies.
To start a claim, the cemetery officials must file with the clerk of the superior court a petition that: (1) identifies the lot or lots involved; (2) states that the portion of the lot to be reclaimed has not been used for interring human remains and that the cemetery officials have conducted a core or sound test to ensure that the portion contains no remains; (3) states that the present owner of the lot is unknown to the cemetery officials; (4) states that a period of at least 75 years has passed since any portion of the lot was used for burials; and (5) requests that the court issue an order declaring the lot abandoned and further declaring all of the lot owner’s rights and interests terminated and forfeited. Moreover, the cemetery officials must also file an affidavit stating that they conducted a diligent search to locate the present lot owner but were unsuccessful.
Upon receiving a petition, the court clerk schedules a date for a hearing on the petition sometime between 30 and 90 days after the cemetery officials filed it. Once the hearing is scheduled, the cemetery officials must create a notice that states: the specific lot involved; the name and address of the lot’s last known owner; that a hearing will be held to determine whether the present owner will have his or her rights to the lot terminated; and the time and place for the hearing.
The cemetery officials must then serve the notice in three ways. First, the officials must post the notice in three conspicuous places in the cemetery where the lot is located. Second, the officials must send a copy of the notice by certified mail to the last known owner of the lot. Third, the officials must publish a copy of the notice in a county newspaper once a week for three weeks in a row, with the first publication date occurring not less than 30 days before the hearing date.
At the hearing, the court will consider the cemetery officials’ evidence to determine whether: the identity of the present lot owner is unknown; the officials diligently searched for the present owner; 75 years have passed since any portion of the lot was used for human burials; and the officials conducted a core or sound test to ensure that the portion of the lot to be reclaimed does not contain human remains. If the court does not find sufficient facts to support the cemetery officials’ claims, then the court will dismiss the proceeding. However, if the court does find sufficient facts, then the court will pass an order declaring the cemetery lot abandoned and terminating the lot owners’ rights.
Once the court declares the lot to be abandoned, then the cemetery regains full title to the lot. However, the order cannot be finalized until one year after the date when it is entered. At any time during that year, anyone can request that the court reopen the proceeding, and can present additional evidence. If the court is convinced by this evidence, it can modify its order or dismiss the proceeding altogether. In addition, the cemetery officials must serve notice of the order within 30 days after the court enters it. This notice must state: (1) the last known owner’s name and address; (2) that the court declared the lot abandoned and terminated the owner’s rights; and (3) the date on which the court’s order will become final. To properly serve notice, the officials must publish it once in a county newspaper, and send a copy by certified mail to the last known owner’s address.
Upon the date when the court order becomes final, the cemetery officials become the owners of the lot and can then resell it to a new private individual. Any amount earned by selling the lot must be used in a specific way. First, the officials must use the money to pay for the cemetery’s litigation costs, including attorney’s fees. Then, the officials must hold at least 75 percent of the remaining money in trust to be used only for the expenses of managing, maintaining, and improving the cemetery. Finally, the officials can use any remaining amounts for immediate improvement and maintenance work in the cemetery.
History: Section enacted in 1983; current through 2009 Legislative Session.
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What is the procedure for removing or replacing headstones?
Forfeiture of abandoned cemetery lots; proceedings for reclamation and subsequent sale; disposition of proceeds. Ga. Code Ann. § 44-5-211
If a cemetery successfully regains title to an abandoned lot, its officials are still prohibited from removing any existing monument, retaining wall, fence, bench, or other ornamentation put on the lot by a previous owner.
History: Section enacted in 1983; current through 2009 Legislative Session.
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How will the state preserve historical or archaeological resources threatened by public construction or public works?
Certificate of appropriateness; when required; local or state actions. Ga. Code Ann. § 44-10-27
Once the state passes an ordinance to create a historic property or historic district, property owners are prohibited from making material changes to the structure or site without first getting a certificate of appropriateness from the local historic preservation commission. To get a certificate, an owner must submit an application to the commission that includes drawings, photographs and plans of the proposed changes.
Notably, the Department of Transportation is exempt from this prohibition, as is any city or county that is performing work funded by the department. Local governments are also exempt from the prohibition, although they must notify the commission at least 45 days before beginning a project that would otherwise require a certificate of appropriateness. During this period, the commission is allowed to offer comments about the project.
History: Section enacted in 1980; current through 2009 Legislative Session.
Certificate of appropriateness; review of applications; procedure; approval, modification, or rejection; negotiations for acquisitions; variances; appeals. Ga. Code Ann. § 44-10-28
Before reviewing an application for a certificate of appropriateness, the local historic preservation commission should inform any property owners who would likely be materially affected by the proposed project. In addition, to give the applicant and the property owners an opportunity to be heard, the commission may choose to hold a public hearing about the application.
To approve an application, the commission must be satisfied that the proposed change to the appearance of a historic property or district would not have a substantial adverse effect on the property or district‘s aesthetic, historical, or architectural significance or value. In making this determination, the commission should consider: (1) the historical and architectural value of the property or district; (2) the significance of the architectural style, general design, arrangement, texture, and material of the architectural features involved in the proposed project; and (3) the relationship between the exterior architectural style and the features of other structures in the immediate neighborhood. The commission should not, however, consider any proposed changes to the interior of a building that will not affect the exterior.
The commission has 45 days after an application is filed to render a decision. If the commission fails to respond to the application within this period, then the proposed project is automatically approved. If the commission does approve the application, it will issue a certificate of appropriateness. If the commission rejects the application, it will do so by sending the applicant a response that describes the reasons for the rejection. If the commission chooses, it can suggest alternative actions or projects that it would approve. Upon receiving a rejection, an applicant can modify the application and resubmit it at any time. If the proposed project is one that is extensive enough to require a building permit, the commission’s decision is binding on the local building inspector. If the commission rejects the application, then the building inspector cannot issue a permit.
Any person who is adversely affected by one of the commission’s decisions can appeal to the governing body of the county or municipality where the historic building or district is located. Once the governing body reviews the commission’s decision, it can either accept, modify, or reject it depending on whether the governing body concludes that the commission abused its discretion.
If a building is particularly unique in its historic or architectural value, then the local governing body can authorize the historic preservation commission to negotiate with the building’s owner to acquire the building by gift, purchase, or exchange.
If the enforcement of the requirements in this section would unduly burden a private property owner, then the commission can decide not to strictly enforce them. The commission can do this so long as it still upholds the section’s general purpose and intent; to maintain the architectural and historical integrity of unique buildings and districts.
Finally, the commission must keep records of all the applications that it receives for certificates of appropriateness, and of all its proceedings.
History: Section enacted in 1980; current through 2009 Legislative Session.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
For the most part, the State of Georgia and the Department of Natural Resources enjoy the exclusive authority to explore and excavate all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and similar sites that are located on state-owned or state-controlled lands. This reservation does not apply to property that the Board of Regents of the University System of Georgia owns or controls.
As part of this exclusive right, the department can grant permits or enter into contracts with qualified individuals or scientific institutions to conduct field archaeological research on state land if the department determines it is necessary. To apply for a permit, an applicant must submit a detailed research plan that outlines the location, objectives, scope, methods, and expected results of the excavation. If burial sites are involved, the research plan must include a plan for identifying and notifying lineal descendants, for skeletal analysis, and for care and disposition as required by Ga. Code Ann. § 44-12-262. Moreover, once the department issues a permit to excavate an aboriginal, prehistoric, or American Indian burial site, the department must send written notice to the Council on American Indian Concerns.
A permit holder can renew a permit upon or before the date when it is set to expire under its terms and conditions. Furthermore, the department may revoke a permit if the department determines that the permit holder has violated this section or any of the permit’s terms or conditions.
Anyone who is aggrieved or adversely affected by a department decision has 30 days after that decision is made to file a petition for a hearing. Once a petition is filed, a hearing before an administrative law judge can be scheduled. The judge will conduct the hearing by following the requirements in the Georgia Administrative Procedure Act (Ga. Code Ann. §§ 50-13-40 et seq.) At that hearing, the department is entitled to offer arguments about whether the petitioner is indeed aggrieved or adversely affected by the decision. The administrative law judge’s ruling is final, but any party to the case has the right to judicial review, again under the Georgia Administrative Procedure Act.
History: Section enacted in 1969; current through 2009 Legislative Session.
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
The state does not have exclusive control over excavations conducted on private lands. Instead, to excavate on private land, a person or organization must get written permission from the landowner (Ga. Code Ann. § 12-3-621). However, the state urges that all archeological research on those lands be conducted solely by recognized scientific institutions or qualified individuals. In addition, before a person begins an excavation on private land, he or she must notify the state archaeologist through the archaeologist’s website or telephone hot line. If the site is likely to contain American Indian human remains or burial objects, then the archaeologist will notify the Council on American Indian Concerns.
History: Section enacted in 1969; current through 2009 Legislative Session.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Notification of law enforcement agency upon disturbance, destruction, or debasement of human remains. Ga. Code Ann. § 31-21-6
Any person who discovers human remains must immediately notify local law enforcement. The law enforcement agency must then contact the coroner or medical examiner to examine the site and determine whether it is necessary to investigate the death. If the coroner or medical examiner decides that an investigation is not required, he or she must contact both the governing body of the local county or municipality, and the Department of Natural Resources. Furthermore, if the remains are believed to be those of a Native American or a Native American prehistoric ancestor, then the department must contract the Council on American Indian Concerns.
History: Section enacted in 1992; current through 2009 Legislative Session.
Discovery of archaeological site. Ga. Code Ann. § 12-3-52
If a person discovers ruins, artifacts, treasure, treasure trove, or other similar sites, he or she must report the finding to the Department of Natural Resources within two days, not including Saturdays, Sundays, or holidays.
History: Section enacted in 1969; current through 2009 Legislative Session.
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What are the procedures for the disposition of human remains and funerary artifacts?
Inventory of American Indian human remains or burial objects in possession of museum; additional documentation upon request of American Indian tribe; construction of part; extension of time to complete inventory and identification; notification of affected tribes. Ga. Code Ann. § 44-12-261
Any museum that has possession or control over a collection of American Indian human remains or burial objects must compile an inventory of those items. This inventory must: attempt to identify the geographical and cultural origins of the remains and items; be completed in consultation with American Indian tribes ; be completed no later than July 1, 1997; and be made available upon request by the Secretary of State and the Council on American Indian Concerns at any point while the museum is compiling it.
If an American Indian tribe requests additional information, the museum must supply supplemental information including: a summary of existing museum records, inventories or catalogs; relevant studies; and other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation , and basic facts surrounding the museum’s acquisition of the human remains and burial objects in its inventory. However, the museum should not interpret this requirement as authorization to initiate new scientific studies of the human remains and burial objects in its collections.
If a museum has put forth a good faith effort to complete an inventory but will not be able to meet the deadline, it can appeal to the Secretary of State for an extension. The secretary can grant an extension of up to one year if the secretary indeed finds that the museum has put forth a good faith effort. Evidence of a good faith effort includes the development of a plan to carry out the inventory and identification process.
If a museum is able to culturally affiliate any human remains or burial objects in its collection to an American Indian tribe, then it must notify those tribes within six months. This notice should include information that: identifies or describes each American Indian human remains or burial object and the circumstances of how the museum acquired it; lists the human remains or burial objects that are clearly identifiable as to tribal origin; and lists the American Indian human remains and burial objects that are not clearly identifiable as being culturally affiliated with that Indian tribe, but which, given the surrounding of circumstances, can be reasonably culturally affiliated with the Indian tribe. The museum must also send a copy of each notice to the Secretary of State and to the Council on American Indian Concerns.
History: Section enacted in 1981; current through 2009 Legislative Session.
Return of human remains and burial objects upon request of known lineal descendant or tribe; immunity of museum for returns made in good faith; private collections of artifacts not containing burial objects. Ga. Code Ann. § 44-12-262
Once a museum is able to determine the cultural affiliation of human remains or burial objects in its collections, then a known lineal descendant or an affiliated tribe can request to have the remains or objects repatriated to them. If a descendant or tribe makes such a request, then the museum must promptly return the remains or objects. However, this requirement only applies to descendants or tribes within the State of Georgia; human remains or objects should only be sent out of state to lineal descendants who can establish kinship with the deceased through clear and convincing evidence . The museum should consult with the descendant or tribe about the time, place, and manner in which the museum will repatriate the human remains or objects.
If a museum is not able to establish cultural affiliation between an American Indian tribe and the human remains or burial objects in its collection, then the American Indian tribe can establish cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archeological, anthropological, linguistic, folkloric, oral tradition, historical, or other relevant information or expert opinion.
In addition, there is an exception to the museum’s duty to promptly return culturally affiliated human remains or burial objects upon receiving a request from a lineal descendant or an American Indian tribe. The museum can appeal to the Secretary of State and the Council on American Indian Concerns if the items are "indispensable" as part of a specific scientific study that would greatly benefit the State of Georgia. The secretary and the council are responsible for determining the amount of benefit that the study would give to the state. If the secretary and council decide to defer the repatriation, then the museum must return the human remains or burial objects no later than 120 days after completing the specific study. If the secretary and the council are unable to agree on a decision, then each will appoint a representative to form a special committee, which is chaired by a person who the governor appoints. If the committee meets and still is unable to decide, then the chairperson casts the tiebreaking vote.
In the event there are multiple requests for repatriation of American Indian human remains or burial objects, and the museum cannot determine which party has the best claim to the items, then the museum can retain the items until either the competing parties agree on a disposition, or a court resolves the dispute.
Finally, any museum that repatriates American Indian human remains or burial objects in good faith cannot be held liable for claims of breach of fiduciary duty or public trust.
History: Section enacted in 1981; current through 2009 Legislative Session.
Monitoring and review of inventory, identification, and repatriation activities. Ga. Code Ann. § 44-12-263
The council has the duty to monitor and review how museums are progressing with inventorying, identifying, and repatriating items from their collections. The council must do this to ensure that museums are fairly and objectively considering all available relevant information.
History: Section enacted in 1981; current through 2009 Legislative Session.
Penalties for violation of Code Sections 44-12-261 and 44-12-262. Ga. Code Ann. § 44-12-264
If a museum fails to comply with sections 44-12-261 or 44-12-262, the council can choose to impose a fine on that museum. To determine the amount of the fine, the council will consider: (1) the archeological, historical, or commercial value of the item involved; (2) the economic and noneconomic damages that an aggrieved party suffered; and (3) the number of separate violations. However, the council cannot impose a total fine for all violations that exceeds $5,000.
Each time the council wants to impose a fine on a museum, it must send a written notice to the museum that: sets forth the date, facts, and nature of each act or omission with which the museum is charged; (2) specifically identifies the particular provision involved in the violation; (3) states the amount of each penalty which the council proposes to impose; and informs the museum that if it fails to pay the fine, the council can sue to collect it. The council must send this written notice by certified mail to the museum’s last known address. Once the museum receives the notice, it has an opportunity to respond in writing and contest the fine. If the museum plans to contest the fine, it must do so within a reasonable time. If the council makes a final decision to impose the fine after considering the museum’s protest, then the museum can appeal the fine under the procedures in the Georgia Administrative Procedure Act (Ga. Code Ann. §§ 50-13-40 et seq.)
If the council needs to file a civil action to collect a fine, then it can notify the Attorney General to file the action on the council’s behalf. After the Attorney General files this action, he or she will have the exclusive authority to compromise, mitigate, or remit the outstanding fines.
All the money that the council collects in fines must be transferred to the state to deposit in the state’s general fund.
History: Section enacted in 1981; current through 2009 Legislative Session.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Expending private or public funds to mitigate harm to cemetery. Ga. Code Ann. § 36-72-14
If a state government agency plans to undertake an activity that will damage an abandoned cemetery or burial ground, the agency has the duty to take whatever steps are necessary to mitigate the harm to the cemetery. This includes paying any costs associated with reinterring human remains. If it is necessary to reinter remains, then the agency can use public funds to pay for those costs.
If a private person or corporation plans to undertake an activity that will damage an abandoned cemetery or burial ground, they also have the duty to pay any costs associated with mitigating harm to the cemetery or reinterring human remains.
History: Section enacted in 1991; current through 2009 Legislative Session.
Disinterment and disposition of human remains or burial objects. Ga. Code Ann. § 36-72-15
If a state or private project requires that buried human remains are removed and reinterred, then the state or private party must hire a qualified archaeologist to supervise or conduct the work.
History: Section enacted in 1991; current through 2009 Legislative Session.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
Authority to bring condemnation proceedings. Ga. Code Ann. § 32-2-4
The first part of this section deals with the authority of a state, county, or municipality to condemn private property to build a public road or other structure for public transportation. That authority would likely include constructing roads through the lands of private cemeteries or burial grounds. The state or local government can file a proceeding in rem in county superior court to condemn private lands if the government suspects that: the apparent private owner’s title is defective, doubtful, incomplete, or in controversy; there may be unknown persons or nonresidents who have some claim on the land, including a contingent interest or estate ; there are minors or disabled people who have an interest in the land; there are taxes due or that should be paid on the land; or there is any other reason to justify appearing before a court. Once the state or local government gets the court to condemn the land, the government can gain title upon paying the private owner just compensation.
The second part of the section describes the authority of a state or local government to condemn public property in order to build a road. This authority would likely extend to public cemeteries. Before a state or local government can acquire public land, it must get approval from the state commission on the condemnation of public property (Ga. Code Ann. § 50-16-183). In addition, once it gets the commission’s approval, it must also follow the procedures described in sections 32-3-5 to 32-3-19, the sections in Article 3 of Chapter 2 of Title 22, and the sections in Article 2 of Chapter 2 of Title 22.
History: Section enacted in 1973; current through 2009 Legislative Session.
Expending public funds to mitigate harm to cemetery. Ga. Code Ann. § 36-72-14
If a state government agency plans to undertake an activity, like building a road or highway, that will damage an abandoned cemetery or burial ground, the agency has the duty to pay for any work needed to mitigate the harm to the cemetery and to reinter human remains. The agency can use public funds to pay for those costs.
History: Section enacted in 1991; current through 2009 Legislative Session.
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How does the state identify, preserve, and control Native American sacred sites?
Vandalism to a place of worship. Ga. Code Ann. § 16-7-26
One way that the state seeks to preserve sacred sites is to criminalize vandalism of places of worship. A person commits the offense of vandalism to a place of worship when he or she maliciously defaces or desecrates a church, synagogue, or other place of public religious worship. By referring to other places of public worship, this section would likely apply to Native American sacred sites. This offense is punishable by a prison sentence between one and five years.
History: Section enacted in 1968; current through 2009 Legislative Session.
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How does the state preserve historical lands from surface mining?
Permits for surface mining operations; submission of mining land use plan and amendment to plan; bonding of applicants. Ga. Code Ann. § 12-4-75
Before a mine operator begins a surface mining operation, he or she must secure a permit from the Environmental Protection Division of the Department of Natural Resources. To obtain a permit the operator must submit an application, which includes a land-use plan. Among the information that a mine operator needs to include in the land-use plan is a list of all of the properties listed on the National Register of Historic Places that are located within a mile of the proposed surface mining site (see the Environmental Protection Division’s instructions).
History: Section enacted in 1968; current through 2009 Legislative Session.
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What are the procedures for the exploration of submerged graves and underwater sites?
Title and exclusive right to regulate investigation, survey, and recovery; exceptions. Ga. Code Ann. § 12-3-80
The State of Georgia has title to all submerged cultural resources , and retains the authority to regulate any investigating, surveying, or recovery that is conducted at those sites. However, the Board of Natural Resources can determine that some submerged sites do not possess a sufficient level of cultural or economic value, and those sites will not enjoy the same protection as submerged cultural resources.
History: Section enacted in 1985; current through 2009 Legislative Session.
Department named custodian of submerged cultural resources; rules and regulations; reporting findings; duties of state archaeologist. Ga. Code Ann. § 12-3-81
The Department of Natural Resources must act as the custodian for all of the state’s submerged cultural resources. As a result, the department’s Board of Natural Resources has the authority to create whatever rules and regulations are necessary to preserve, survey, protect, and recover those resources. Moreover, anyone who discovers a submerged cultural resource must report the discovery to the department within two days, not including Saturdays, Sundays, or holidays.
In addition, the state archaeologist has the same duties to conduct and supervise the surveillance, protection, preservation, survey, and recovery of submerged cultural resources that he or she has for land resources (Ga. Code Ann. § 12-3-53).
History: Section enacted in 1985; current through 2009 Legislative Session.
Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits. Ga. Code Ann. § 12-3-82
Anyone who plans to undertake exploration, survey, or recovery operations that might endanger, displace, or destroy a submerged cultural resource must first get a permit from the Department of Natural Resources. To apply for a permit, an applicant must submit a detailed plan that outlines the location, objectives, scope, methods, and plans to preserve and store any submerged cultural resources that the applicant recovers. In addition, the application must include the name of the professional archaeologist who will supervise or conduct the activity.
The department will only issue permits for projects that it determines are in the public interest and that ensure the submerged cultural resources involved will be preserved. While issuing a permit, the department can add any terms and conditions that it thinks are necessary to protect the public interest and preserve the resources. Furthermore, the department will not issue any permits to recover resources unless it determines that the resources are either: of no significant historical, archeological, or monetary value; or of such limited historical, archeological, or monetary value that they will reasonably compensate the applicant for his or her efforts to further the public interest through investigating, surveying, protecting, preserving, or recovering submerged cultural resources.
The department can decide to renew a permit once it expires if it is appropriate. Moreover, the department can revoke or deny a permit at any time if it finds that the permit holder is violating its terms and conditions. An applicant can seek judicial review of the department’s decision to revoke or deny his or her permit.
Finally, the department can enter contracts with any person or institution to investigate, survey, protect, preserve, or recover submerged cultural resources. These contracts can contain any terms or conditions that the department decides are appropriate.
History: Section enacted in 1985; current through 2009 Legislative Session.
Prohibited acts constituting misdemeanor. Ga. Code Ann. § 12-3-83
A person is guilty of a misdemeanor if he or she: fails to get a permit before exploring a submerged cultural resource; or intentionally defaces, injures, destroys, displaces, or removes any submerged cultural resource in a way not allowed by his or her permit.
History: Section enacted in 1985; current through 2009 Legislative Session.
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What are the procedures for transferring land and property containing historic or cultural resources?
Procedures, methods, and standards for transfer of development rights. Ga. Code Ann. § 36-66A-2
This section includes procedures that a local governing body must follow to pass an ordinance to transfer land and development rights in order to conserve historic or cultural resources. Any transfer conducted in this way would be subject to approval by the landowners who would be sending and receiving property as part of the transfer.
The ordinance must follow several requirements. First, the ordinance must issue the necessary legal documents to sever development rights from the sending property and to attach the rights to the receiving party. These documents must be executed by the two landowners, and filed with the county superior court clerk. Second, the ordinance must ensure that the character of the sending property will be preserved. This prohibition on development of the sending property must be extended to subsequent owners of the land as well. Third, the ordinance must require that after the development rights are severed from the sending property, that they are temporarily delayed from being attached to the receiving property. During this delay, the development rights must be offered for purchase by a third party. At this time, the local governing body must have an opportunity to purchase the development rights itself. The governing body would then either hold these rights for conservation purposes or for resale. Fourth, the ordinance must allow the party who ultimately acquires the development rights to be free to hold or sell the development rights as the party sees fit. Fifth, the ordinance must include a map that describes the sending and receiving properties. Finally, the ordinance must include any other necessary provisions that are not specifically listed in the section.
Before the local governing body can pass its ordinance, it must hold a public hearing on it. The governing body must give notice of the time, place, and purpose of the hearing between 15 and 45 days before it is scheduled to occur. The governing body must publish this notice in the local newspaper.
Once the governing body passes an ordinance, the transfer of development rights becomes effective once the title is recorded with the appropriate authority and a certified copy of the title is filed with the local governing body.
History: Section enacted in 1985; current through 2009 Legislative Session.
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What public health regulations exist for the removal and burial of human remains?
Adoption of minimum standards by Secretary of State. Ga. Code Ann. § 10-14-30
The Secretary of State has the authority to adopt minimum standards for the burial of human remains, including: standards for depth of burial; composition of vaults, caskets, and other containers; siting and marking of burial lots; and minimum standards for construction of mausoleums and columbaria. In addition, the secretary can adopt minimum standards for aboveground burial containers, or prohibit the containers altogether.
History: Section enacted in 2000; current through 2009 Legislative Session.
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How is environmental impact measured for historic and archeological resources?
Determination of adverse effect on quality of environment; environmental effects report; consultation with other agencies; publication of notice of proposed action. Ga. Code Ann. § 12-16-4
This section describes procedures that government agencies must take whenever they anticipate that their proposed actions will adversely affect the environment. Such actions could include activities involving historic and archaeological resources.
If a government agency determines that its activities will adversely affect the environment, then the agency must prepare an environment effects report that describes: (1) the environmental impact of the proposed governmental action; (2) alternatives to the proposed governmental action, including no action; (3) any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken; (4) mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action; (5) the relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value; (6) the effect of the proposed governmental action on the quality and quantity of water supply; (7) the effect of the proposed governmental action on energy use or energy production; and (8) any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
Before the government agency completes its environmental effects report, it should consult with and obtain comments from any agency that has legal jurisdiction, special expertise, or other interest in the proposed action’s environmental impact or the resource that it will affect.
In addition, at least 45 days before making a final decision about whether to go forward with the proposed project, the government agency must publish a notice of the environmental effects report in a county newspaper where the project will be located. Then, after the 45 days the agency must provide a copy of the report and any submitted comments to the director of the Environmental Protection Division of the Department of Natural Resources. The agency must also provide a copy of the report to any counties, municipalities, institutions, and members of the public that request it.
History: Section enacted in 1981; current through 2009 Legislative Session.
Director to issue guidelines to assist government agencies. Ga. Code Ann. § 12-16-8
The director of the Environmental Protection Division of the Department of Natural Resources is responsible for issuing guidelines on how government agencies should prepare environmental effects reports, which would include three specific elements. First, the guidelines must describe criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment. Second, the guidelines must explain how public and private organizations and individuals can comment upon proposed government actions. Third, they must explain how to prepare reports in the instance where a series of government actions taken individually will have a minimal adverse effect on the environment, but cumulatively the effect will be more significant.
History: Section enacted in 1981; current through 2009 Legislative Session.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
Permit required for developing land on which cemetery located. Ga. Code Ann. § 36-72-4
Anyone who owns land that contains a cemetery or burial ground must get a permit before commencing any activity to develop or change that land. The landowner can obtain the necessary permit from the governing body of the municipality or county where the owner’s land is located.
History: Section enacted in 1991; current through 2009 Legislative Session.
Application for permit. Ga. Code Ann. § 36-72-5
This section describes what information a property owner must include on an application for a permit. First, the application must include a legal opinion based on a title search that states that the applicant is the rightful owner of the land where the cemetery or burial ground is located. Second, it must include a report prepared by an archaeologist that states the number of graves believed to be present and their locations. The archaeologist can determine their locations by using minimally invasive investigation techniques such as remote sensing methods and metal probes. Third, the application must include a survey prepared by a registered surveyor that shows the location and boundaries of the cemetery or burial ground based on the archaeologist’s report. Fourth, a plan prepared by a genealogist for identifying and notifying the lineal descendants of those buried or believed to be buried in the cemetery at issue. Additionally, if those individuals buried or believed to be buried in the cemetery are of aboriginal or American Indian descent, then the genealogist must notify any culturally affiliated American Indian tribe along with any known descendants. Moreover, in that case, the genealogist must also consult with the Council on American Indian Concerns. Finally, the application must include a proposal to avoid or mitigate any harmful effects that the planned activity might have on the cemetery or burial ground. If the proposal includes relocating any human remains or burial objects, it must 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.
History: Section enacted in 1991; current through 2009 Legislative Session.
Identification and notification of descendants of person in cemetery sought to be developed. Ga. Code Ann. § 36-72-6
The applicant must begin to implement the genealogist’s plan for identifying and locating descendants, at the latest, by the time that the applicant submits the permit application to the county or municipality governing body. Once the governing body reviews the application, it can require that the applicant undertake additional actions as a condition for issuing a permit.
The notice that the applicant provides to descendants must include information about how a descendant can contact the governing body, along with a statement of the descendant’s rights over his or her ancestor’s buried remains. If a descendant indicates interest, the governing body must promptly inform the descendant about any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and procedures for appeal.
History: Section enacted in 1991; current through 2009 Legislative Session.
Public hearing on development of abandoned cemetery; time for decision on application for permit. Ga. Code Ann. § 36-72-7
The county or municipality governing body is responsible for scheduling a public hearing on a permit application after: (1) it is satisfied that the applicant made all reasonable efforts to notify descendants; and (2) it has received recommendations from the review board or commission that the governing body can establish under Ga. Code Ann. § 36-72-9. The governing body must publish a notice for the hearing in the local newspaper once a week for two consecutive weeks immediately before the week when it will hold the hearing. At the hearing, any interested party or citizen can appear before the governing body and have an opportunity to be heard.
After the hearing, the governing body has 30 days to reach a decision on a permit application and to notify the applicant about that decision. The governing body can reach one of three possible decisions. First, it can deny the application, and then must give the applicant written reasons for the denial. Second, it can issue a permit that adopts the applicant’s entire application. Third, the governing body can issue a permit that only adopts the application in part, and includes additional requirements to mitigate the proposed activity’s adverse effect on the cemetery or burial ground. These requirements can include relocating the proposed project, reserving the cemetery or burial ground as an undeveloped area within the proposed development, and respectful disinterment and proper disposition of the human remains.
History: Section enacted in 1991; current through 2009 Legislative Session.
Issues considered in decision on application for permit. Ga. Code Ann. § 36-72-8
The governing body should consider the following factors in making its determination: (1) a presumption in favor of leaving the cemetery or burial ground undisturbed; (2) the concerns and comments of any interested parties, especially descendants of those buried in the cemetery or burial ground; (3) the economic and other costs of mitigating the harm to the cemetery or burial ground; (4) the adequacy of the applicant’s plans for disinterment and proper disposition of human remains or burial objects; (5) achieving a balance between the applicant’s interest in disinterment and the public’s and any descendant’s interest in the value of the undisturbed cultural and natural environment; and (6) any other compelling factors that the governing body deems relevant.
History: Section enacted in 1991; current through 2009 Legislative Session.
Establishment of board or commission to review applications in counties exceeding certain population size. Ga. Code Ann. § 36-72-9
The governing body of any county with a population above 290,000 (as determined by the United States decennial census) should establish a board or commission to hear and review these sorts of permit applications. The board or commission would be responsible for conducting a public hearing within 60 days after a permit application is filed, and for submitting a written recommendation to the governing body fewer than 15 days after holding the hearing. The recommendation would provide opinions about 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.
History: Section enacted in 1991; current through 2009 Legislative Session.
Application fee. Ga. Code Ann. § 36-72-10
The governing body can impose an application fee in an amount that reflects the cost of processing and reviewing a permit application. This amount can include the cost of hiring an attorney, independent archaeologist, and independent surveyor to assist in making recommendations regarding the applicant’s plan. However, if the governing body decides to impose a fee, it cannot exceed $2,500.
History: Section enacted in 1991; current through 2009 Legislative Session.
Appeal of decision on application for permit. Ga. Code Ann. § 36-72-11
If an applicant or descendant is dissatisfied with the governing body’s decision on a permit application, then he or she can file an appeal within 30 days after the decision is issued. The appeal must be filed in the superior court of the county where the cemetery or burial ground is located, as well as any superior court as required under the Georgia Administrative Procedure Act (Ga. Code Ann. § 50-13-19).
History: Section enacted in 1991; current through 2009 Legislative Session.
Development activities pending appeal. Ga. Code Ann. § 36-72-12
If an applicant receives a permit, then he or she cannot begin or resume activities at the cemetery or burial site during the 30 day period in which descendants have to appeal. If a descendant files an appeal, then the applicant can only begin or resume activities once he or she gets consent from the governing body or the descendant who filed the appeal, or once he or she receives an order from the reviewing court.
History: Section enacted in 1991; current through 2009 Legislative Session.
Inspection to ensure applicant’s compliance. Ga. Code Ann. § 36-72-13
The governing body or local law enforcement is allowed to conduct any necessary inspections to ensure that the applicant is complying with requirements in a permit or order from the reviewing court.
History: Section enacted in 1991; current through 2009 Legislative Session.
Jurisdiction of superior court; expending private or public funds to mitigate harm to cemetery. Ga. Code Ann. § 36-72-14
When a state agency files an application for a permit, then the superior court for the county where the cemetery or burial ground is located has exclusive jurisdiction over the permit application.
Furthermore, when a state agency’s actions harm a cemetery or burial ground, the agency can use public funds to pay for the cost of mitigating that harm or reinterring affected human remains. If a private individual’s actions harm a cemetery or burial ground, then that individual must pay for the mitigation costs. In addition, governing bodies must pay to reinter human remains that are exposed as a result of vandalism by an unidentified vandal or by erosion in a cemetery within the governing body’s territory.
History: Section enacted in 1991; current through 2009 Legislative Session.
Penalties. Ga. Code Ann. § 36-72-16
Any person who knowingly fails to comply with these sections is guilty of a high and aggravated misdemeanor, punishable by a fine of up to $5,000 for each grave site disturbed. Moreover, any person who knowingly violates Ga. Code Ann. § 36-72-4 is guilty of a high and aggravated misdemeanor that is punishable by a prison sentence of up to 6 months, plus a fine of up to $5,000 for each grave site disturbed.
History: Section enacted in 1991; current through 2009 Legislative Session.
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Rules, Regulations, and Ordinances Governing Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
Registration of dealers and cemeteries. Ga. Code Ann. § 10-14-4
In most cases, it is unlawful for a person to offer to sell or to sell cemetery lots or other types of grave spaces unless that person is registered as a cemetery owner or is employed by someone who is. However, some cemeteries do not need to be registered if, in the Secretary of State’s opinion, the public interest does not require the cemeteries to be registered. To fall under this exception, a cemetery must have existed before July 1, 2000, consist of less than 25 acres, and be operated by a nonprofit entity.
To become a registered cemetery owner, an individual or corporation must file an application that includes the following information: (1) the applicant’s name, mailing address, and telephone number; (2) the cemetery’s location, and the cemetery’s mailing address and telephone number if different from the applicant’s; (3) the location of all the applicant’s records that relate to the cemetery; (4) if the applicant is a corporation, the names of the president, secretary, and registered agent, and the date when the corporation was formed; (5) a copy of cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority if the applicant is a corporation (Ga. Code Ann. § 14-2-128), and any amendments to those documents; (6) a description of any judgment or pending litigation to which the applicant is a party that involves the cemetery’s operation and could materially affect the applicant’s business or assets; (7) a statement about whether the applicant owns any other cemeteries in Georgia and, if so, their locations, mailing addresses, telephone numbers; (8) a consent to service of process under Ga. Code Ann. § 10-14-24; (9) the name and business address of each individual authorized by the applicant to sell any grave lots or burial rights in the cemetery; (10) a copy of the applicant’s balance sheet dated as of the end of the most recent fiscal year, and in no event dated more than 15 months before the date when the application is filed; (11) evidence that the applicant owns the cemetery in fee simple , that the land is properly zoned for cemetery use, and is platted for burials; (12) evidence that the applicant has recorded a notice in the county public land records that reads "NOTICE—The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000"; (13) The name, address, location, and telephone number of the perpetual care trust account depository, the names of the accounts, and the account numbers; (14) The name, address, and telephone number of each trustee; and (15) a filing fee of $100.
Once these documents are filed with the Secretary of State, the applicant can incorporate them into any future renewals or registration applications. However, the applicant also has a duty to ensure that the documents remain up to date, and to send replacement copies to the secretary should there be any changes.
Once the secretary receives an application, he or she must conduct an investigation into the applicant. If the secretary finds that the applicant is "qualified by character, experience, and responsibility to conduct the business," then the secretary can grant the applicant a certificate of registration.
A cemetery registration expires on August 1 of each year. To renew a registration, an applicant must submit a renewal application that contains any information required in the initial application that the applicant modified over the past year. In addition, the application must include a sworn statement that all of the information not provided remains accurate, and a renewal fee of $50 for each cemetery that the applicant operates.
History: Section enacted in 1983; current through 2009 Legislative Session.
Minimum acreage for cemeteries; exceptions. Ga. Code Ann. § 10-14-10
For the most part, every cemetery that is first registered on or after July 1, 1998 must contain at least 10 acres of land. However, there are several exceptions. The first exception covers all cemeteries registered before August 1, 1986. The second exception includes cemeteries initially registered between August 1, 1986 and July 1, 1998, which instead must contain at least 25 acres of land. However, some cemeteries organized within that time frame can contain a minimum of 10 acres instead of 25 if they fall under a provision of previous law that allowed 10-acre cemeteries in counties with a population of less than 10,000 (determined by the United States census). The final exception says that the Secretary of State can adopt a rule or regulation for a smaller minimum size for a cemetery that consists of only one or more columbaria.
History: Section enacted in 1983; current through 2009 Legislative Session.
Stop order suspending or revoking a registration; denial or refusal of application for registration; penalties. Ga. Code Ann. § 10-14-11
The Secretary of State is authorized to issue a stop order to suspend or revoke a cemetery’s registration, which would take effect after the secretary gives the cemetery sufficient notice. The secretary can issue such an order if he or she finds that the order is in the public interest and: (1) the cemetery’s registration application contains an untrue statement of a material fact or fails to state a material fact which is necessary to make the application not misleading; (2) the applicant failed to file financial reports required by Ga. Code Ann. § 10-14-12(h); (3) the applicant failed to pay the filing fees required by Ga. Code Ann. § 10-4-4; (4) the cemetery’s individual owner, corporate owner, or a person who owns a controlling interest of the corporate owner has been found either civilly liable for committing fraud or violating the state’s fair business practices, or has been convicted of a misdemeanor or felony involving the cemetery business in which fraud was an essential element; (5) the trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by Ga. Code Ann. § 10-14-6(h) or Ga. Code Ann. § 10-14-29(g); (6) the cemetery’s owners have become insolvent or have filed a voluntary petition for protection from creditors; or (7) the person filing the registration application, the cemetery’s individual owner, corporate owner, or person who owns a controlling interest of the corporate owner willfully violated any of the provisions in this chapter of the code.
The secretary can also deny a renewal application for a cemetery registration if he or she finds that the denial would be in the public interest and that: (1) the applicant failed to pay filing fees or renewal fees required by Ga. Code Ann. § 10-14-4; or (2) the applicant failed to file the financial reports required under Ga. Code Ann. § 10-14-4 or Ga. Code Ann. § 10-14-12(h).
Furthermore, the secretary can elect to impose a fine on a cemetery of up to $500 if the cemetery is late in filing a renewal application for registration or in filing required financial reports. The secretary can later waive those fines if he or she is convinced that the late filing was caused by circumstances beyond the applicant’s control despite the applicant’s best efforts.
In addition, the secretary can pass an order to postpone or suspend a cemetery’s registration if there is any proceeding pending against the cemetery’s ownership. After the secretary passes such an order, he or she must notify the cemetery’s ownership of the order and reasons for it. The notice must also state that if the owners want to contest the suspension, they can file a written request. A hearing on the suspension will then be held 15 days after the secretary receives the request. As a result of the hearing, the court may decide to modify or vacate the suspension. If the owners do not request a hearing, then the suspension will last until the secretary decides to modify or vacate it on his or her own.
For any of the secretary’s authorized orders that are described in this section, the secretary can modify or vacate them once he or she finds that the conditions have changed.
History: Section enacted in 1983; current through 2009 Legislative Session.
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What local regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
Registration of dealers and cemeteries. Ga. Code Ann. § 10-14-4
In most cases, it is unlawful for a person to offer to sell or to sell cemetery lots or other types of grave spaces unless that person is registered as a cemetery owner or is employed by someone who is. However, some cemeteries do not need to be registered if, in the Secretary of State’s opinion, the public interest does not require the cemeteries to be registered. To fall under this exception, a cemetery must have existed before July 1, 2000, consist of less than 25 acres, and be operated by a nonprofit entity.
To become a registered cemetery owner, an individual or corporation must file an application that includes the following information: (1) the applicant’s name, mailing address, and telephone number; (2) the cemetery’s location, and the cemetery’s mailing address and telephone number if different from the applicant’s; (3) the location of all the applicant’s records that relate to the cemetery; (4) if the applicant is a corporation, the names of the president, secretary, and registered agent, and the date when the corporation was formed; (5) a copy of cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority if the applicant is a corporation (Ga. Code Ann. § 14-2-128), and any amendments to those documents; (6) a description of any judgment or pending litigation to which the applicant is a party that involves the cemetery’s operation and could materially affect the applicant’s business or assets; (7) a statement about whether the applicant owns any other cemeteries in Georgia and, if so, their locations, mailing addresses, telephone numbers; (8) a consent to service of process under Ga. Code Ann. § 10-14-24; (9) the name and business address of each individual authorized by the applicant to sell any grave lots or burial rights in the cemetery; (10) a copy of the applicant’s balance sheet dated as of the end of the most recent fiscal year, and in no event dated more than 15 months before the date when the application is filed; (11) evidence that the applicant owns the cemetery in fee simple , that the land is properly zoned for cemetery use, and is platted for burials; (12) evidence that the applicant has recorded a notice in the county public land records that reads "NOTICE—The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000"; (13) The name, address, location, and telephone number of the perpetual care trust account depository, the names of the accounts, and the account numbers; (14) The name, address, and telephone number of each trustee; and (15) a filing fee of $100.
Once these documents are filed with the Secretary of State, the applicant can incorporate them into any future renewals or registration applications. However, the applicant also has a duty to ensure that the documents remain up to date, and to send replacement copies to the secretary should there be any changes.
Once the secretary receives an application, he or she must conduct an investigation into the applicant. If the secretary finds that the applicant is "qualified by character, experience, and responsibility to conduct the business," then the secretary can grant the applicant a certificate of registration.
A cemetery registration expires on August 1 of each year. To renew a registration, an applicant must submit a renewal application that contains any information required in the initial application that the applicant modified over the past year. In addition, the application must include a sworn statement that all of the information not provided remains accurate, and a renewal fee of $50 for each cemetery that the applicant operates.
History: Section enacted in 1983; current through 2009 Legislative Session.
Amendment of registration application; state audit of records; change of ownership. Ga. Code Ann. § 10-14-9
An application to register a cemetery can be amended at any time by filing an amended application with the Secretary of State. The amended application must be signed by all the people who are required to sign the original application under Ga. Code Ann. §§ 10-14-4 or 10-14-5.
History: Section enacted in 1983; current through 2009 Legislative Session.
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Who has the right to conduct archaeological field excavations?
Powers and duties of department as to archaeological excavations. Ga. Code Ann. § 12-3-50
The Department of Natural Resources has the authority to send its employees to conduct archaeological field research on lands owned by other state agencies or private individuals. Before department employees can conduct this research, however, the department must get written permission from the property owner. Moreover, the department must make the results of its research available to the general public.
History: Section enacted in 1951; current through 2009 Legislative Session.
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
The State of Georgia and the Department of Natural Resources reserve the exclusive right to conduct all archaeological field excavations on state lands, with the exception of lands controlled by the Board of Regents of the University System of Georgia. If the department chooses, it can grant permits to or enter into contracts with scientific institutions or qualified individuals to conduct archaeological excavations on the department’s behalf. For a description of the permit process, click here. While the state and the department do not have the same exclusive right over private land, they urge that private property owners only allow qualified institutions or individuals to conduct archaeological excavations on their land.
History: Section enacted in 1969; current through 2009 Legislative Session.
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Who has custody rights of discovered human remains?
Custody of human remains. Ga. Code Ann. § 36-72-1
Human remains and burial objects are not property to be owned; either by the person who owns the land where they are buried, or by the person who discovers them. The General Assembly made this determination out or respect for human dignity as well as cultural, spiritual, and religious values.
History: Section enacted in 1981; current through 2009 Legislative Session.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
Archaeological objects found on state land. Ga. Code Ann. § 12-3-52
All archaeological objects that are discovered on state lands remain state property, and can only be used for scientific or public educational purposes. One exception is Native American human remains or burial objects that must be repatriated according to Ga. Code Ann. § 44-12-262.
History: Section enacted in 1969; current through 2009 Legislative Session.
Archaeological objects found on sites on private land. Ga. Code Ann. § 12-3-621
Anyone who finds archaeological objects that are exposed on the surface at prehistoric or historic sites has ownership of those objects. Furthermore, a private landowner has ownership of all the objects that are located on their land. To excavate and remove objects from private land, a person must first get express written permission from the landowner. If a person is found in possession of archaeological objects and does not have written permission, that circumstance is prima facie evidence that the person has violated this section. Local law enforcement officials must then confiscate the archaeological objects, and return them to the owner of the land from where the objects came.
History: Section enacted in 1992; current through 2009 Legislative Session.
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What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate information relevant to this question at this time.
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Who has dominion and control of state historic or archaeological resources?
Control of state historic or archaeological resources. Ga. Code Ann. § 12-3-52
The Department of Natural Resources has the authority on behalf of the state to control the state’s holdings of historic sites and archaeological objects.
History: Section enacted in 1969; current through 2009 Legislative Session.
Civil War Commission created. Ga. Code Ann. § 50-7-60
This section creates the Civil War Commission, which has the authority to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields in Georgia associated with the Civil War.
History: Section enacted in 2006; current through 2009 Legislative Session.
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Who sits on the state historical commission, and how are these members appointed?
NOTE: The Department of Natural Resources is the designated state agency responsible for managing the state’s historic sites (Ga. Code Ann. § 12-3-52). We were unable to locate membership information about a separate state historical commission at this time.
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Who sits on the state historic preservation board and for how long?
NOTE: The state of Georgia maintains several state and local boards to deal with historic preservation issues. First, section 12-3-50.2 describes the state historic preservation review board. Second, section 44-10-24 describes local historic preservation commissions. Finally, section 50-7-64 describes the state Civil War Commission.
Georgia Register of Historic Places. Ga. Code Ann. § 12-3-50.2
This section describes that the Department of Natural Resources will provide an adequate and qualified state historic preservation review board. The state historic preservation officer is responsible for naming members to the board, but the section does not state how those members are selected or how long they serve.
History: Section enacted in 1989; current through 2009 Legislative Session.
Local historic preservation commissions; establishment or designation; number, eligibility, and terms of members. Ga. Code Ann. § 44-10-24
If a county or municipality’s governing body wants to enact an ordinance to preserve historic properties or historic districts, it must also establish a local historic preservation commission. The governing body will determine how many members will serve on the commission, which must be at least three, and how long the members will serve, which must be at least three years. The governing body can also seek the advice of any state or local historical agency or society about the best way to establish a commission or make appointments to it.
A majority of the members of the commission must have demonstrated special interest, experience, or education in the fields of history or architecture. In addition, all of the members must reside within the historic preservation jurisdiction that the governing body creates with its ordinance. All of the members must also agree to serve without compensation.
Finally, a county governing body can agree to form a joint historical preservation commission with the governing bodies of any municipalities within the county. Once a joint commission is established, the governing bodies will collectively determine what the residence requirements for commission members should be.
History: Section enacted in 1980; current through 2009 Legislative Session.
Appointment of Civil War Commission. Ga. Code Ann. § 50-7-64
The Civil War Commission must consist of fifteen members, with the Governor, President of the Senate, and the Speaker of the House of Representatives each appointing five members. The members should represent all of the geographic areas of the state, and special consideration should be given to individuals who are associated with groups or organizations with a demonstrated interest in Civil War history and preserving Civil War sites. For the first appointments, the Governor, President, and Speaker will each appoint two members to two-year terms, two members to three-year terms, and one member to a four-year term. After those terms expire, subsequent terms will all last four years.
If desired, members are eligible for reappointment when their terms expire. If the three appointing individuals decide to appoint new members instead, then they are appointed in the same way as the original members. Any appointments to fill vacancies shall only last for the duration of the unexpired vacant term. Moreover, no vacancy can prevent the remaining members from performing all of the commission’s duties.
History: Section enacted in 2006; current through 2009 Legislative Session.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Cemetery rules and regulations; service charges. Ga. Code Ann. § 10-14-16
Every cemetery owner is authorized to adopt and enforce any rules or regulations that are necessary to properly conduct cemetery business, including for: the use, care, control, management, restriction, and protection of the cemetery; restricting the use of all property within the cemetery; controlling what sorts of items lot owners can install in the cemetery, including bushes, shrubs, monuments, and gravestones; and regulating the visitor’s conduct and preventing improper assemblies within the cemetery. The owner is prohibited, however, from adopting any rules or regulations that seek to limit a lot owner’s contract rights. The cemetery owner is also free to modify or abolish any of its rules or regulations at any time.
Furthermore, the cemetery’s rules and regulations must be plainly printed and conspicuously posted at the office where the cemetery owner conducts the cemetery’s business. The owner must also provide a copy of the rules and regulations to any person who requests one. Moreover, the owner must maintain a complete schedule of charges for grave lots, burial rights, funeral merchandise, and burial or funeral services. Like the rules and regulations, the owner needs to post these charges and provide a copy of them to any person who asks for them.
History: Section enacted in 1981; current through 2009 Legislative Session.
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How are cemetery sales records to be kept?
We are unable to locate information relevant to this question at this time.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
Revitalization of central business districts; government presence in historic districts. Ga. Code Ann. § 12-3-56
In this section the General Assembly declares the state’s intent to help revitalize the central business districts of towns and other municipalities across the state by relocating state facilities to those districts. As part of this effort, the state will acquire and occupy space in buildings that are of historic, architectural, or cultural significance within those business districts.
The state will change several processes related to this effort. First, when locating state facilities, state agencies will give primary consideration to occupying historic buildings in historic districts. If no such buildings are available at the time, the state agencies will consider developed or undeveloped sites within historic districts, and then historic buildings that are not in historic districts. Moreover, any rehabilitation or construction that the state agencies undertake after acquiring a property will be architecturally compatible with the character of the surrounding historic district or properties.
Second, the state agencies that are responsible for leasing and acquiring state facilities and the agencies responsible for managing historic sites will streamline regulations and procedures that make it difficult for state agencies to relocate to historic districts. The only exception to this change is that the agencies must leave in place regulations that protect human health and safety or the environment.
Third, state agencies and the Division of Historic Preservation at the Department of Natural Resources will work together with local governments, Indian tribes, and certain private organizations in order to encourage these entities to participate in the state historic preservation program.
Finally, this section makes it clear that the General Assembly did not intend to create any substantive or procedural right or benefit that a party could enforce at law against the State of Georgia or its agencies.
History: Section enacted in 1998; current through 2009 Legislative Session.
Acquisition of lands within boundaries of Civil War battlefields for public access; maintenance, protection, and interpretation of sites. Ga. Code Ann. § 50-7-63
The Civil War Commission is authorized to acquire lands that exist within the boundaries of Civil War battlefields that are established under the State of Georgia Civil War Sites Heritage Plan. As part of this power, the commission can negotiate with private owners to acquire lands and memorials by donation, purchase, or exchange. In addition to battlefield lands, the commission can attempt to acquire any land that is needed to provide adequate public access to the battlefields and memorials.
History: Section enacted in 2006; current through 2009 Legislative Session.
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How does the state manage park and historical sites?
Adoption and promulgation by Board of Natural Resources of rules and regulations regarding parks, historic sites. Ga. Code Ann. § 12-3-9
The Board of Natural Resources has a wide authority to adopt rules and regulations. First, it can adopt rules and regulations about the use or occupancy of state parks and historic sites. Second, it can adopt rules and regulations to protect state property at parks or historic sites. Third, it can adopt rules and regulations to protect the health, safety, and welfare of persons using state parks and historic sites. However, the board cannot use this third power to repeal, diminish, or supersede the authority of the Department of Community Health.
History: Section enacted in 1976; current through 2009 Legislative Session.
Creation of committee; members and organization; duty to review operations of Stone Mountain Memorial Association, Jekyll Island State Park Authority, North Georgia Mountains Authority, and Lake Lanier Islands Development Authority. Ga. Code Ann. § 12-3-20
This section creates the Recreational Authorities Overview Committee as a joint committee of the General Assembly. The committee has the duty to periodically review and evaluate operations at the Stone Mountain Memorial Association, the Jekyll Island State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority.
The committee is composed of three members of the House of Representatives appointed by the House Speaker and three members of the Senate appointed by the Senate President. The committee members each serve two-year terms that coincide with their terms as members of their respective houses. Once the members are all appointed, the Speaker of the House of Representatives will name the chairman, and the President of the Senate will name the vice chairman. Each of these positions must be filled by individuals who are already committee members. Any vacancies will be filled in the same way that the original positions were.
History: Section enacted in 1981; current through 2009 Legislative Session.
Evaluation criteria of Recreational Authorities Overview Committee. Ga. Code Ann. § 12-3-23
The committee will use the following criteria to evaluate the four entities that it is charged with monitoring: whether the entity is prudently and legally spending public funds; whether the entity is operating efficiently; and whether the entity is performing its statutory responsibilities.
History: Section enacted in 1981; current through 2009 Legislative Session.
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What are the powers of municipal and county governments regarding park and historical sites?
Civil penalty for violations at parks or historical sites. Ga. Code Ann. § 12-3-11
Any person who violates Ga. Code Ann. § 12-3-10 is civilly liable for a fine of up to $1,000 for each violation. The prosecuting attorney for the county where the violator lives is responsible for filing suit against the violator in the name of the Commissioner of Natural Resources. Any proceeds that the prosecuting attorney collects as fines must be used in the following way. First, the prosecuting attorney must use the money to pay the officers of the trial court that presided over the suit. Second, the prosecuting attorney must deposit remaining money into the county’s general fund. From there, the county must allocate the money to the county’s board of education to use for school purposes.
History: Section enacted in 1977; current through 2009 Legislative Session.
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How do county and municipal governments oversee cemetery property?
Click here for information about how counties and municipalities can oversee abandoned cemeteries.
Municipal corporation as trustee of funds donated to cemetery. Ga. Code Ann. § 36-37-5
Any municipal corporation in Georgia can act as trustee for any funds donated to a cemetery within that municipality’s limits.
History: Section enacted in 1953; current through 2009 Legislative Session.
Disposition of municipal property generally. Ga. Code Ann. 36-37-6
A municipal corporation can sell lots from a municipal cemetery without following the auction procedures required for sales of other types of municipal land. Instead, a municipal corporation can sell cemetery lots in the open market without advertising and without accepting bids.
History: Section enacted in 1933; current through 2009 Legislative Session.
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What are the powers and duties of the state historical commission?
NOTE: The Department of Natural Resources is the main state agency that performs the duties that a state historical commission would in other states. Those duties are described in sections 12-3-50 and 12-3-50.1. In addition, sections 50-7-61 and 50-7-64 describe the duties of the Civil War Commission. For information on the Georgia Historical Society, consult its website here.
Powers and duties of department. Ga. Code Ann. § 12-3-50
The Department of Natural Resources has the following powers and duties. First, the department must work to promote knowledge and understanding of Georgia history, including the prehistoric, Indian, Spanish, colonial, and American eras. To do this, the department must adopt plans and policies to permanently preserve and mark objects, sites, areas, structures, and ruins of historic significance. This section provides a substantial list of the kinds of objects and sites that the department should work to preserve, which are listed here . To mark objects or sites, the department can construct signs, pointers, markers, monuments, temples, and museums. Moreover, to explain the significance of historic objects or sites, the department can create tablets, inscriptions, pictures, paintings, sculptures, maps, diagrams, leaflets, and publications.
Second, the department must publicize the state’s historical resources. One way the department can do this is to prepare and furnish historical materials to other agencies responsible for the publicity efforts. Another way is to make historical sites and objects accessible and attractive to travelers, visitors, and tourists by cooperating with state, federal, and local agencies charged with constructing roads, highways, and bridges leading to those historical sites.
Third, the department must coordinate with any appropriate federal, state, or local government agencies to help with historical preservation and promotion efforts.
Fourth, the department must help and advise local societies or other groups that are staging celebrations, festivals, or pageants commemorating historical events.
Fifth, the department must enter into contracts with public and private parties to help with historical preservation and promotion efforts.
Finally, the department has the power to send its employees to conduct archaeological field research on lands owned by another state agency or a private individual. Before the department employees can conduct this research, however, they must get written permission from the property owner. Moreover, the department must make any results of the research available to the general public.
History: Section enacted in 1951; current through 2009 Legislative Session.
Grants for preservation of "historic properties"; additional powers and duties of department. Ga. Code Ann. § 12-3-50.1
The Division of Historic Preservation, which operates under the Department of Natural Resources, has the following duties to encourage the preservation of historic properties: (1) to cooperate with federal agencies, state agencies, and private entities to conduct a comprehensive state-wide survey of historic properties; (2) to maintain a register of historic properties; (3) to document, research, record, and evaluate the significance of historic properties; (4) to prepare comprehensive state-wide and regional historic preservation plans; (5) to provide technical assistance to federal agencies, state agencies, and private entities to develop historic preservation plans, programs, and projects; (6) to cooperate with federal agencies, state agencies, and private entities to ensure that they consider the preservation of historic properties at all levels of planning and development; (7) to propose programs and activities to protect, preserve, and encourage the preservation of historic properties in the state; (8) to administer financial and technical assistance programs for historic preservation projects; (9) to make recommendations on the certification and eligibility of historic properties for tax incentives and other public assistance programs; (10) to perform the duties assigned to the department under Article 3 of Chapter 2 of Title 8, under Article 1 of Chapter 10 of Title 44, and under Article 2 of Chapter 10 of Title 44; (11) to provide public information and education, technical assistance, and training relating to historic preservation; (12) to encourage public interest and participation in historic preservation; (13) to advise and assist the state historic preservation officer, who is appointed to serve at the pleasure of the Governor; and (14) to advise the Governor and the General Assembly on matters relating to historic preservation.
History: Section enacted in 1986; current through 2009 Legislative Session.
Duties and powers of Civil War Commission. Ga. Code Ann. § 50-7-61
This section gives the Civil War Commission a number of duties and powers. First, the commission must develop a State of Georgia Civil War Sites Heritage Plan. The plan must detail how to promote heritage tourism and provide incentives to local landowners and local governments to preserve Civil War battlefields and historic sites. Then, the commission must make cooperative agreements with local governments and landowners to preserve and restore Civil War sites. Second, the commission must preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia. Third, the commission must recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville. Fourth, the commission must recognize and interpret the war’s effect on the state’s ethnically and culturally diverse civilian population during the war and the postwar reconstruction period. Fifth, it must establish a geographic database within the state’s historic resource inventory to be maintained by the Department of Natural Resources. The database will be used to locate, track, and cross-reference historically significant properties, structures, and markers associated with the Civil War. Sixth, the commission has the power to provide funds to acquire Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War. Seventh, the commission has the power to make grants from state funds to municipalities, counties, and nonprofit Civil War organizations to maintain and restore existing Civil War memorials and cemeteries. Eighth, the commission can play a role in establishing a state museum to portray Georgia’s role in the Civil War and the effects of that war on Georgia and its people. Finally, the commission can encourage the establishment in high schools of reference sections relating to the Civil War.
To help the commission realize its duties, it has the authority to accept and use federal loans or grants, state loans or grants, and private gifts or donations.
History: Section enacted in 2006; current through 2009 Legislative Session.
Appointment of Civil War Commission. Ga. Code Ann. § 50-7-64
The commission also has the responsibility to file an annual report with the Governor and the General Assembly containing a summary of the commission’s accomplishments during the preceding year and the commission’s plans for the upcoming year.
History: Section enacted in 2006; current through 2009 Legislative Session.
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How does the state historical commission register or include historical property?
NOTE: There are several methods by which a variety of entities can designate properties in Georgia as historic properties. First, sections 12-3-50.1 and 12-3-50.2 describe how private individuals and organizations can apply to the Division of Historic Preservation to include properties on the Georgia Register of Historic Places. Second, section 12-4-75 describes how the Department of Natural Resources can designate properties as "heritage preserves ." Third, section 44-10-25 describes how local historic preservation commissions can recommend properties or districts for local governing bodies to designate as historical. Finally, section 44-10-26 describes how local governing bodies can pass ordinances to designate historic properties or historic districts.
Grants for preservation of "historic properties"; additional powers and duties of department. Ga. Code Ann. § 12-3-50.1
The Division of Historic Preservation, which operates under the Department of Natural Resources, has the following duties to register historic properties: (1) to cooperate with federal agencies, state agencies, and private entities to conduct a comprehensive state-wide survey of historic properties; (2) to maintain an inventory and register of historic properties; and (3) to document, research, record, and evaluate the significance of historic properties.
History: Section enacted in 1986; current through 2009 Legislative Session.
Georgia Register of Historic Places. Ga. Code Ann. § 12-3-50.2
The Division of Historic Preservation has the responsibility to establish and maintain a register of historic places in the state which will be known as the Georgia Register of Historic Places. This register will include: historic property which is listed in the National Register of Historic Places created by the National Historic Preservation Act (16 U.S.C. §§ 470, et seq.); and historic property , as defined in this section. The division also has the authority to remove properties from the register if they no longer meet the criteria for inclusion.
Any person or organization can apply to have a property included on the register. Once it receives an application, the division will investigate the property on its own and will consult with preservation experts and the State Historic Preservation Review Board to reach its final decision.
Anyone who is dissatisfied with the division’s decision about whether or not to include a property on the register can file a petition within 30 days after the division finalized its decision. Anyone who files a petition is then entitled to a hearing before an administrative law judge. After the hearing, any party can seek judicial review under the Georgia Administrative Procedure Act (Ga. Code Ann. §§ 50-13-40 et seq.).
History: Section enacted in 1989; current through 2009 Legislative Session.
Dedication of property as a heritage preserve. Ga. Code Ann. § 12-3-75
Once the Department of Natural Resources acquires a heritage area or other real property, the Board of Natural Resources can recommend that the area become designated as a heritage preserve , subject to approval by the Governor. The board’s recommendation must be submitted in writing, and must include a statement describing the land’s best and most important use. The designation can become effective once the recommendation and the Governor’s approval are filed with the Secretary of State’s office. Finally, both documents also get filed with the office of the clerk of the superior court of the county where the heritage preserve is located.
History: Section enacted in 1975; current through 2009 Legislative Session.
Historic preservation commission; powers and duties. Ga. Code Ann. § 44-10-25
Any local historic preservation commission (created under Ga. Code Ann. § 44-10-24) has the authority to: (1) prepare an inventory of property within its historic preservation jurisdiction with potential for designation as a historic property; (2) recommend to a city or municipality’s governing body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts; and (3) recommend to a city or municipality’s governing body to remove or revoke a historic property or district’s designation.
History: Section enacted in 1980; current through 2009 Legislative Session.
Designation by ordinance of historic properties or districts; required provisions; investigation and report; submittal to Department of Natural Resources; notice and hearing; notification of owners. Ga. Code Ann. § 44-10-26
This section establishes three requirements for ordinances that local governments pass to designate historic properties or historic districts. First, that any such ordinance must require that the historic property or historic district is shown on the official zoning map of the county or municipality that is passing the ordinance. If the county or municipality does not have an official zoning map, then the historic property or historic district must be shown on a map and filed as a public record to serve as a notice of the designation. The second requirement is particular to historic properties, and the third requirement to historic districts. Any ordinance designating a historic property must: describe each property; and must also name the owner or owners of each property. Moreover, the ordinance must require that before a property owner of a historic property materially changes the exterior of their property, the owner must obtain a certificate of appropriateness (Ga. Code Ann. §§ 44-10-27, 44-10-28). Any ordinance designating a historic district must: describe the district’s boundaries; list each property in the district; and name the property owners of each property in the district. In addition, the ordinance must require that a property owner in the district obtain a certificate of appropriateness (Ga. Code Ann. §§ 44-10-27, 44-10-28) before changing the appearance of any structure, site, or work of art located within the historic district.
Before any ordinance can go into effect, the local governing body must follow three procedural steps. First, the local historic preservation commission (created under Ga. Code Ann. § 44-10-24) must investigate the property or district and draft a report on the historic, cultural, architectural, or aesthetic significance of each property proposed for designation. The commission must submit this report to the Division of Historic Preservation at the Department of Natural Resources, which will then have 30 days to review the report and prepare written comments to it. Second, the commission and the local governing body must hold a public hearing to discuss the proposed ordinance. Before the hearing, notice of it must be published in the local newspaper at least three times, and the notice must be mailed to all owners and occupants of properties described in the ordinance. The commission must publish and mail the notices at least 20 days before the hearing date. Third, after the public hearing, the local governing body can render a decision on the ordinance. The governing body can either: approve the ordinance as written; approve the ordinance with amendments; or reject the ordinance altogether.
Finally, within 30 days after the governing body passes an ordinance, it must mail a notice to the owner and occupant of each property affected by the designation. This notice must inform the owners and occupants that going forward they will need to obtain a certificate of appropriateness before materially changing the exterior of their property.
History: Section enacted in 1980; current through 2009 Legislative Session.
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What are the powers and duties of the state archaeological commission?
State archaeologist. Ga. Code Ann. § 12-3-53
The Department of Natural Resources must appoint a state archaeologist who will then have several responsibilities. First, the state archaeologist must direct and coordinate archaeological research on sites located on state lands. In the alternative, the archaeologist can advise the Commissioner of Natural Resources on whether to issue permits or enter contracts with recognized scientific institutions or qualified individuals to conduct that research. Second, the archaeologist must cooperate with other state agencies that control land that contains significant sites. Third, the archaeologist must conduct a survey of all the archaeological sites located on state land, and upon request, to survey and officially recognize such sites on private land. This recognition of sites on private land should hopefully encourage the private landowner to cooperate with the state to preserve the sites. Fourth, the state archaeologist must conduct salvage archaeology through data recovery on state sites threatened with destruction. Fifth, the state archaeologist must protect, preserve, display, or store objects of archaeological significance that get discovered through field archaeology projects on state land or at construction or demolition sites. Sixth, the archaeologist must establish training programs to educate the public about archaeology and related disciplines. The archaeologist can either create these programs independently, or by cooperating with state universities. Finally, the state archaeologist must publish reports of the archeological research that the archaeologist or the Department of Natural Resources conducts.
History: Section enacted in 1969; current through 2009 Legislative Session.
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How is the rehabilitation and preservation of historic property conducted?
NOTE: Section 12-3-55 provides requirements for the preservation of state-owned historic properties. Sections 44-10-20 to 44-10-31 contain the provisions of the Georgia Historic Preservation Act, which controls the preservation and rehabilitation of historic properties and historic districts.
General provisions; preservation of state-owned historic properties. Ga. Code Ann. § 12-3-55
This section establishes the programs and procedures through which the state will preserve its historic properties. The heads of all state agencies are given the primary responsibility for this effort, which includes giving first consideration to using available historic properties when deciding whether to acquire, construct, or lease buildings for their agency to use.
Each state agency is responsible for drafting an agency preservation program. First, the program must ensure that historic properties under the agency’s jurisdiction are identified, evaluated, and nominated to the Georgia Register of Historic Places. Second, once the properties get registered, the program must ensure that the properties are maintained so as to preserve their historic, archaeological, architectural, and cultural value. Third, the program must provide that the agency consults with relevant federal, state, and local agencies, Native American tribes, and private entities when conducting its historic preservation activities. Fourth, the program must ensure that the agency’s procedures comply with: (1) procedures issued by the Environmental Protection Division under the Environmental Policy Act (Ga. Code Ann. §§ 12-16-1 et seq.); and (2) the disposition of Native American cultural items from federal or tribal land under the Native American Graves Protection and Repatriation Act (25 U.S.C. § 3002(c)).
Each state agency must develop procedures to control circumstances when an agency action will substantially alter or destroy a historic property. For those actions, the procedures must ensure that timely steps are taken to create appropriate records of the historic property, which can be submitted to the Division of Historic Preservation for future use and reference.
The head of each state agency must appoint the agency’s "preservation officer." That officer will have the duty to coordinate the agency’s responsibilities under this section. The Division of Historic Preservation will develop a training program that all preservation officers must complete in order to be considered qualified to serve in their positions.
The Director of the Division of Historic Preservation has the duty to review and comment on all state plans to acquire surplus historic properties. Once an agency submits such a proposal, the director has 90 days to review and offer his or her comments. As part of the review, the director should be looking to ensure that the prehistorical, historical, architectural, or culturally significant values of the property will be preserved or enhanced.
Before any state agency begins a project that will adversely affect any national historic landmark, the agency’s head must undertake any planning or other actions as may be necessary to minimize the harm to the landmark. For all such projects, the Director of the Division of Historic Preservation must have an opportunity to provide his or her comments.
The Director of the Division of Historic Preservation must establish an annual preservation awards program. This program will bestow citations for special achievement to state officers or employees to recognize their outstanding contributions to the preservation of the state’s historic resources. Moreover, the program may include annual awards by the Governor to any state citizen that the director recommends should receive an award.
The director must also develop regulations to govern how this section’s requirements can be waived partly or completely in the event of a major natural disaster or an imminent threat to the national security.
Each state agency should take steps to ensure that it does not approve a loan, permit, license, or other assistance to an applicant who has intentionally avoided preservation requirements by damaging a historic property or allowing adverse effects to occur at a historic property. A state agency can decide to grant assistance despite the applicant’s intentional actions, but the director must have the opportunity to comment on the proposed decision.
History: Section enacted in 1981; current through 2009 Legislative Session.
Historic preservation commission; powers and duties. Ga. Code Ann. § 44-10-25
Local historic preservation commissions have several duties with respect to historic preservation and rehabilitation efforts. First, the commissions can review applications for certificates of appropriateness , following the guidelines in Ga. Code Ann. § 44-10-28. Second, the commissions can undertake efforts to rehabilitate or preserve any historic properties that a city or municipality acquires. Third, the commission can recommend that a city or municipality acquire conservation easements (described in Ga. Code Ann. §§ 44-10-1 to 44-10-8). Fourth, the commissions can investigate and study historic preservation issues upon the request by a local governing body . Finally, the commissions can seek to state and federal funds for historic preservation, and advise cities and municipalities on how to spend those funds.
History: Section enacted in 1980; current through 2009 Legislative Session.
Certificate of appropriateness; when required; local or state actions. Ga. Code Ann. § 44-10-27
Once a local governing body passes an ordinance to designate a historic property or historic district , property owners must obtain a certificate of appropriateness before attempting to materially change the appearance of the historic property or of a structure, site, or work of art within the historic district. Property owners must submit applications to the appropriate local historic preservation commission, which include any necessary drawing, photographs, or plans. The commission then has the authority to issue certificates of appropriateness.
It should be noted that the Department of Transportation and any contractors—including cities and counties, performing work funded by the Department of Transportation—are exempt from needing to get a certificate of appropriateness. Local governments are also exempt from the requirement of obtaining certificates of appropriateness; but local governments must notify the local commission at least 45 days before beginning an activity that would otherwise require a certificate of appropriateness. Upon receiving notice, the commission has the opportunity to offer its comments on the government’s proposed activity.
History: Section enacted in 1980; current through 2009 Legislative Session.
Certificate of appropriateness; review of applications; procedure; approval, modification, or rejection; negotiations for acquisitions; variances; appeals. Ga. Code Ann. § 44-10-28
Before a local historical preservation commission reviews an application for a certificate of appropriateness, the commission must inform any property owners who would likely be affected by the application and give those property owners an opportunity to be heard. Moreover, the commission can host a public hearing if it decides one would be necessary.
Once the commission receives an application, it has 45 days to render a decision. If the commission fails to act within the 45 day period, then the application is automatically approved. In making its decision on an application, a commission should consider the following features of the historic property or district: the historical and architectural value; the architectural style; the general design, arrangement, texture, and material of the architectural features involved; and the relationship between the exterior architectural style and other structures in the immediate neighborhood. The commission should not, however, consider interior changes that would not affect the property’s exterior architectural features .
A commission can approve an application and issue a certificate of appropriateness if it finds that the proposed material change in appearance would not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the historic property or the historic district. Otherwise, the commission can decide to reject an application. In that case, the commission must send the applicant a written document that explains the commission’s reason for the rejection. The document can also include alternative actions that it would be more likely to approve. Upon receiving these suggestions, the applicant can choose to revise his or her application and resubmit it at any time. If the commission rejects an activity that would have required a building permit, then the local building inspector is prohibited from issuing a permit for the activity.
If it becomes necessary in order to preserve a property, the commission can negotiate to acquire the property from the private owner by gift, purchase, exchange, or some other method. The local governing body must give the commission its approval before starting these negotiations.
If strict application of this section would impose an undue hardship on a private landowner, then the commission can decide to follow a more relaxed interpretation of this section. However, the commission cannot deviate from this section in a way that would compromise the Georgia Historic Preservation Act’s general purpose; to conserve the architectural and historical integrity of protected properties. If it chooses not to strictly apply this section, the commission can add any necessary terms or conditions on the applicant.
Anyone who is adversely affected by a decision by the commission to issue or not issue a certificate of appropriateness may appeal to the governing body of the local city or municipality. The governing body can then approve, modify, or vacate the commission’s determination. The governing body should only vacate a determination by the commission if the body finds that the commission abused its discretion. Any party who is dissatisfied with the governing body’s decision then can appeal to the county superior court.
History: Section enacted in 1980; current through 2009 Legislative Session.
Certain changes or uses not prohibited. Ga. Code Ann. § 44-10-29
One should not interpret these sections to prevent a property owner from conducting ordinary maintenance or repair of the exterior features of a historic property, as long as the work does not involve a material change in appearance to the exterior.
History: Section enacted in 1980; current through 2009 Legislative Session.
Court action or proceedings to prevent improper changes or illegal acts or conduct. Ga. Code Ann. § 44-10-30
A municipal or county governing body or a local historic preservation commission can file suit in court to prevent any material change in appearance to a designated historic property if the property owner has not satisfied the requirements in these sections.
History: Section enacted in 1980; current through 2009 Legislative Session.
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What specific historic or cultural properties are regulated by the state’s historical commission?
NOTE: A list of Georgia State Historic Sites can be found here. In addition, statutory sections that describe two specific historic sites are summarized below.
Duty of Department of Natural Resources with respect to Franklin D. Roosevelt Warm Springs Memorial. Ga. Code Ann. § 12-3-150
The Department of Natural Resources has the responsibility to administer and maintain a memorial in the vicinity of Warm Springs, Georgia, to perpetuate the memory of the late Franklin D. Roosevelt. The department’s specific powers with respect to this memorial are described in Ga. Code Ann. § 12-3-151 and the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee is created under Ga. Code Ann. § 12-3-152.
History: Section enacted in 1946; current through 2009 Legislative Session.
Duty of Department of Natural Resources with respect to Ty Cobb Memorial. Ga. Code Ann. § 12-3-170
The Department of Natural Resources has the responsibility to administer and maintain a memorial in the vicinity of Royston, Franklin County, Georgia, to perpetuate the memory of the late Ty Cobb. The department’s specific powers with respect to this memorial are described in Ga. Code Ann. § 12-3-171.
History: Section enacted in 1962; current through 2009 Legislative Session.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
Forfeiture of abandoned cemetery lots; proceedings for reclamation and subsequent sale; disposition of proceeds. Ga. Code Ann. § 44-5-211
Any amount that a cemetery’s officials earn by selling a regained cemetery lot must be used in a specific way. First, the officials must use the money to reimburse the cemetery for litigation costs, including attorney’s fees. Then, the officials must hold at least 75 percent of the remaining money in trust to be used only for the expenses of administration, maintenance, restoration, preservation, and other improvements to the cemetery. Finally, the officials can use any remaining amounts for immediate improvements and maintenance of the cemetery.
History: Section enacted in 1983; current through 2009 Legislative Session.
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How is a state historic acquisition and preservation fund administered?
NOTE: There are two separate programs that fund the sorts of activities included in this question. First, section 12-3-58 describes the historic preservation grant program, which provides funding for preservation work. Second, sections 12-3-70 to 12-3-77 contain the provisions of the Heritage Trust Act of 1975, which provides funding for the state to acquire properties with historic value.
Powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; historic preservation grant program. Ga. Code Ann. § 12-3-58
This section creates a historic preservation grant program that the Division of Historic Preservation is responsible for managing and supervising. The purpose of the program will be to encourage the preservation of historic properties and to promote the study of preservation issues. The division also should coordinate with federal and state programs that provide grants for similar purposes.
The division can use money from the grant program in a number of ways. First, the division can use the money to make grants to nonprofit organizations or local cities or municipalities to: acquire, rehabilitate, or restore historic properties; finance costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engineering, or other special services; and fund historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning and educational materials. Second, the division can grant fund money to state or local preservation revolving funds that are used to restore or rehabilitate historic properties for resale or lease. Third, the division can use the money to fund historic preservation education and promotion by the division, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials. Finally, the money can pay for costs of administering the grant program itself.
This section has several restrictions on how fund money can be spent. To spend money from the historic preservation grant fund, the Director of the Division of Historic Preservation must review and make recommendations to the Commissioner of Natural Resources, who has the ultimate authority to approve expenditures from the fund. Each year, the commissioner can decide to put up to 20% of all available money in the grant fund into a reserve that will only be used in an unexpected emergency. Moreover, only 10% of all available money can be used for administrative expenses. For the rest of the money to be distributed, the director will base his or her recommendations on a competitive selection process.
The money that the division distributes through the competitive process must follow the Fair and Open Grants Act (Ga. Code Ann. §§ 28-5-120 et seq.). In addition, the process must include the following: (1) application procedures; (2) procedures to notify the public about available grants; and (3) provisions to review plans and specifications and to inspect projects during construction. Furthermore, the division must consider the following factors when recommending that the commissioner approve grant applications: the relative historical or cultural significance of, and urgency of need for, the proposed project; whether the local government has pledged additional support to the project; and any other relevant factors, such as the geographic distribution of overall financial assistance from the grant fund.
There are several requirements on this money that gets distributed as grants to nonprofit organizations or local governments. The Division of Historic Preservation is responsible for enforcing these requirements. First, grant money from the fund can only be used to acquire, restore, or rehabilitate properties that either are listed on the Georgia Register of Historic Places, or are combat veterans’ gravesites. Second, the grant recipient must enter an agreement to preserve and maintain the property, and to allow at least limited public access to the property. The agreement should take the form of a conservation easement if at all practical.
Finally, the division must submit an annual report on or before each December 31 to the Governor and the General Assembly that describes the fund’s financial status and operations over the past year.
History: Section enacted in 1998; current through 2009 Legislative Session.
Short title. Ga. Code Ann. § 12-3-70
Sections 12-3-70 to 12-3-77 comprise the Heritage Trust Act of 1975. The legislative purpose behind the act is included at Ga. Code Ann. § 12-3-71.
History: Section enacted in 1975; current through 2009 Legislative Session.
Creation of Heritage Trust Commission; appointment and criteria for selection of members; terms of office; reimbursement of members for expenses; duties. Ga. Code Ann. § 12-3-73
The Heritage Trust Commission is composed of 15 members, each of whom the Governor appoints. The members should represent a variety of interests and expertise—including recreation, historic preservation, and the natural sciences—and should represent the broad geographic regions of the state. Each member is appointed to serve a three-year term.
While the members will not receive regular compensation for their service, they will be reimbursed for actual expenses that they incur while performing duties for the commission.
The purpose of the commission is to advise the Governor and the Board of Natural Resources on all issues involving the Heritage Trust Program. The commission’s advice will involve issues such as: the identification, designation, and acquisition of heritage areas; the dedication of heritage preserves; and the Heritage Trust Program’s annual budget.
History: Section enacted in 1975; current through 2009 Legislative Session.
Powers and duties of Board of Natural Resources as to Heritage Trust Program. Ga. Code Ann. § 12-3-74
The Board of Natural Resources has several powers and duties with respect to the Heritage Trust Program. First, it must adopt any rules and regulations that are necessary for the program to identify and acquire heritage areas or to dedicate and manage heritage preserves . Second, the board has the power to acquire heritage areas in the name of the State of Georgia. Third, the board has the power to recommend and then to approve the dedication of heritage preserves. Finally, the board has the duty to supervise and direct efforts to protect and operate heritage preserves.
History: Section enacted in 1975; current through 2009 Legislative Session.
Dedication of property as a heritage preserve. Ga. Code Ann. § 12-3-75
Once the Department of Natural Resources acquires a heritage area or other real property, the Board of Natural Resources can recommend that the area become designated as a heritage preserve, subject to the Governor’s approval. The board’s recommendation must be submitted to the Governor in writing, and must include a statement describing the land’s best and most important use. The designation can become effective once the recommendation and the Governor’s approval are filed with the office of the Secretary of State. Finally, both documents also get filed with the office of the clerk of the superior court of the county where the heritage preserve is located.
History: Section enacted in 1975; current through 2009 Legislative Session.
Use of heritage preserves. Ga. Code Ann. § 12-3-76
Heritage preserves are held by the state in trust for the benefit of present and future generations of the people of Georgia. Accordingly, each preserve when it is designated must be put to a specific use that will most benefit the general public. Before a heritage preserve can be used in a different way, an interested state agency must satisfy the following procedure. First, a state agency that has a direct interest in using the heritage preserve must submit a written petition to the Board of Natural Resources that explains why the agency’s use is an "imperative and unavoidable necessity." Second, once the board receives the petition it must hold a public hearing on the petition in the county where the heritage preserve is located. Third, the board must consider all of the testimony from the hearing about the proposed use, and then submit a recommendation to the General Assembly. Finally, if the General Assembly determines that the proposed use is in the public interest, then the assembly can pass a statute approving the new use for the heritage preserve.
History: Section enacted in 1975; current through 2009 Legislative Session.
Effect on protected status of property of dedication or other action taken by board. Ga. Code Ann. § 12-3-77
A property’s designation as a heritage preserve is not meant to void or interfere with any other protected status that the property has.
History: Section enacted in 1975; current through 2009 Legislative Session.
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How are trust funds for the maintenance of cemeteries established and administered?
Authority to regulate cemeteries. Ga. Code Ann. § 10-14-3.1
With respect to the regulation of cemeteries, the Secretary of State has the sole authority over matters relating to the regulation of cemetery funds, trust funds, and escrow accounts.
History: Section enacted in 2006; current through 2009 Legislative Session.
Cemetery trust funds. Ga. Code Ann. § 10-14-6
This section provides regulations for two types of cemetery trust funds; irrevocable trust funds and perpetual care funds. First, with respect to irrevocable trust funds, cemeteries or cemetery companies must establish these funds before selling or contracting to sell any burial rights. Most irrevocable trust funds that are established after July 1, 2000 must include an initial deposit of $10,000, but this requirement does not apply to cemeteries that already had a perpetual care account existing on that date. For those cemeteries, the irrevocable trust fund can be applied to lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts for which the cemetery reached a perpetual care agreement.
The initial deposit and any subsequent deposits into the trust fund must be deposited in either: (1) a financial institution that is insured by the Federal Deposit Insurance Corporation, like a state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution; (2) a state or federally chartered credit union that is insured under 12 U.S.C. § 1781 of the Federal Credit Union Act; or (3) some other depository or trustee that is approved by the Secretary of State.
In addition, the section deals with perpetual care trust funds. Each perpetual care trust fund that a cemetery establishes after July 1, 2000 must be named "The _____ Cemetery _____ Perpetual Care Trust Fund," with the first blank filled by the cemetery’s name and the second blank filled by the month and year that the cemetery establishes the fund. If a cemetery already has an existing perpetual care trust fund on July 1, 2000, the cemetery can make subsequent deposits into the fund, but then the entire principal of the fund and any future interest, minus the initial deposit, gets regulated by this section. Moreover, if a cemetery has an existing perpetual care trust fund on July 1, 2000, but then decides to create a new fund, then both the funds become regulated by this section. Finally, if a cemetery has an existing perpetual care trust fund on July 1, 2000 that already complies with this section and the cemetery decides to create a new fund, then that new fund does not need an initial deposit.
Every time a cemetery sells a burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt under a perpetual care agreement, the cemetery must deposit in the perpetual care trust fund an amount equal to 15% of the purchase price for a burial right or 7.5% for a mausoleum, niche, columbaria, urn, or crypt. Any individual deposit cannot exceed $50.00. Moreover, the percentage amounts for cemetery deposits will change every three years by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The cemetery must deposit these amounts in the trust fund not later than 30 days after the last day of the month in which the cemetery finalized the sale. If the burial right or other space is to be paid for on an installment basis, then a pro rata share of each payment must be paid to the perpetual care trust fund, but all of the payments must be made within six years after the sales contract is signed.
In most cases, the trust fund must retain the income that it earns on its holdings. However, there are three exceptions: (1) the cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights; (2) the cemetery is under the management of a receiver; or (3) the cemetery has sold more than 50 percent of available lots. In these three circumstances, 95 percent of the income from the trust fund must be paid to the owner or receiver. The owner or receiver must use this money exclusively to cover the cemetery’s care and maintenance costs of care, including reasonable administrative expenses. The owner or receiver can get income from the fund in payments, but those payments cannot be paid more often than monthly.
A trustee must invest or reinvest a perpetual care trust fund’s assets by following the requirements in the Revised Probate Code of 1998 (Ga. Code Ann. §§ 53-8-1 and 53-12-287). Within the bounds of these two sections, the trustee of a perpetual care trust fund has the full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the fund’s assets are invested, including proceeds from those investments.
This section allows any financial institution that is acting as a fiduciary for a perpetual care trust fund to invest part or all of the trust fund in one or more of the institution’s common trust funds, provided it follows several requirements. First, the agreement that establishes the financial institution as fiduciary cannot prohibit investment in that sort of fund. Second, if the financial institution is a cofiduciary for the trust fund, then the institution must get authorization from the other cofiduciaries before making the investment. Even after investing the perpetual care trust fund in a common trust fund, the financial institution is still bound by all the restrictions imposed on executors and trustees by the Georgia state law.
If the amount in a cemetery’s perpetual care trust fund dips below the required amount (initial deposit plus required subsequent deposits), then the cemetery must deposit enough money to make up the difference. The cemetery must do this within 15 days after either the cemetery discovers the shortfall or the Secretary of State notifies the cemetery of the shortfall; whichever is earlier. If the cemetery and the Secretary of State disagree over the amount of the shortfall, then the Secretary of State cannot impose any penalty on the cemetery without first giving the cemetery notice and an opportunity for a hearing (Ga. Code Ann. § 10-14-23). Furthermore, the Secretary of State is authorized to establish any rules and regulations that are needed to preserve the principal and income from cemetery perpetual care trust funds.
The cemetery or the trustee cannot use money from the perpetual care trust fund to invest in or loan to a business venture controlled by the cemetery owner, a person who has a controlling interest in a cemetery corporation, or an affiliate of such a person.
Each year, the trustee must submit a financial report on the perpetual care trust fund to the Secretary of State, in a form that the Secretary of State has developed.
If a court finds that a trustee or cemetery owner failed to deposit or maintain required funds in a perpetual care trust fund, or committed fraud, theft or misconduct from the fund, then the court can find the cemetery’s owners or directors jointly and severally liable for any harm caused.
History: Section enacted in 1983; current through 2009 Legislative Session.
Separate accounts and records; agreement form approval; owner acting as trustee; bond; removal of trustee or escrow agent; allocation of funds; financial reports. Ga. Code Ann. § 10-14-12
Every cemetery owner who is registered under Ga. Code Ann. § 10-14-4(b)(1)-(2) must establish and maintain a separate perpetual care trust fund for each cemetery that the owner operates. The cemetery owner is prohibited from commingling money between these funds. Moreover, each cemetery owner must comply with several requirements. First, the cemetery owner must maintain for each account appropriate books, records, accounts, and documents for each fund’s business. Second, the cemetery owner can only be a trustee of the perpetual care trust fund for its own cemetery with the Secretary of State’s approval. Third, the cemetery owner must craft his or her perpetual care trust agreements based off a model that is created by the Secretary of State. The secretary also has the authority to approve or disapprove any amendments to such a trust agreement. Fourth, a cemetery owner can remove a fund trustee by following Ga. Code Ann. § 10-14-19. Finally, a cemetery owner must file an annual financial report about his or her trust funds with the Secretary of State. If those reports are filed late or contain errors, then the secretary can obtain a court order to require the cemetery owner to submit the reports more frequently than once a year.
History: Section enacted in 1983; current through 2009 Legislative Session.
Receipt of cemetery or burial lots in trust; annual returns; commissions. Ga. Code Ann. § 36-37-4
Any person is allowed to convey money or property to the mayor or governing body of a municipality, to be used to maintain and care for a cemetery or specific burial lots. Upon receiving the money or property, the mayor or governing body must deposit the amount in a trust fund. They must give annual returns to the judge of a probate court, and for this service are entitled to a commission as would be paid to other trustees. However, the mayor or governing body is not required to give bond in order to act as trustee.
History: Section enacted in 1889; current through 2009 Legislative Session.
Municipal corporation as trustee of funds donated to cemetery. Ga. Code Ann. § 36-37-5
Any municipal corporation in Georgia can act as trustee for any funds donated to a cemetery within that municipality’s limits.
History: Section enacted in 1953; current through 2009 Legislative Session.
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How are state historic archives maintained?
Division established. Ga. Code Ann. § 45-13-40
This section establishes the Division of Archives and History, also known as the Georgia Archives, within the office of the Secretary of State.
History: Section enacted in 1918; current through 2009 Legislative Session.
Objectives and purposes generally. Ga. Code Ann. § 45-13-41
The Georgia Archives has a host of duties, which include: (1) ensuring that state or local governments maintain records of historical value in a modern and efficient manner; (2) providing a depository in which to maintain the state’s archives and other inactive records; (3) collecting files of newspapers, court records, church records, private collections, and other sources that describe the state’s history; (4) securing rare volumes, manuscripts, and other documents from private individuals, whether by loan or by gift; (5) obtaining historical trophies, souvenirs, and relics, by loan or by gift; (6) classifying, annotating, and publishing records that include messages of Governors, executive orders, and military rosters of the Revolutionary, Indian, Mexican, Civil, and European wars; (7) spreading knowledge about Georgia state history; (8) drafting a biennial official state register of state officers, legislators, judges, district attorneys, members of Congress, and county officials; (9) encouraging proper marking of historical battlefields, houses, and other sites; (10) encouraging the study of Georgia history in public schools; (11) assisting in the observance of patriotic occasions; (12) planning and coordinating celebrations to commemorate events or anniversaries that are significant to Georgia state history; (13); encourage historical research, especially in the form of local histories; (14); assisting state courthouses in protecting and classifying their records; (15) collecting biographical information on all public officials in a confidential file for convenient reference by investigators; and (16) encouraging the study of historical documents, which includes our National Motto, the Declaration of Independence, the Ten Commandments, the Constitution of the United States, and such other nationally recognized documents which contributed to Georgia state history.
History: Section enacted in 1918; current through 2009 Legislative Session.
Appointment of director of division; term; oath; salary; duties generally. Ga. Code Ann. § 45-13-44
The Secretary of State is responsible for appointing a director to directly manage and control the Georgia Archives. The director must take an oath of office like other public officials, and he or she serves at the pleasure of the Secretary of State. The director’s duties include preserving the archive’s collections, caring for incoming records, and performing all the other duties explained in Ga. Code Ann. § 45-13-41.
History: Section enacted in 1918; current through 2009 Legislative Session.
Powers of Secretary of State with respect to management of division generally; designation and establishment of branch depositories. Ga. Code Ann. § 45-13-45
The Secretary of State has various powers with respect to managing the Georgia Archives in general, including: adopting any necessary rules; appointing the director; hiring any other necessary officials; arranging for the publication of materials about state history, which will be supervised by the director; appropriating money to maintain the archives; and anything else required to help the archives fulfill its purposes.
The Secretary of State also has the power to establish branch depositories of the Georgia Archives, which it can do one of two ways. First, the secretary can designate as a branch depository the facilities of a nonprofit historical association that has the stated purpose of collecting and preserving information about Georgia state history. However, any such association needs to have been in existence for at least 100 years before receiving the designation. Moreover, the association must agree in writing to the designation, and the necessary funds to create the depository must be available. Once the depository is created, the secretary can spend money necessary to maintain the facility, and to employ any needed personnel. In addition, the secretary can operate these depositories on a cost recovery basis. The secretary can also enter into agreements to acquire or loan any historical records that he or she thinks would be in the public interest. Finally, the secretary can abolish one of these branch depositories at any time.
Second, the secretary can designate a branch depository at the facilities of any government agency, upon getting written approval from the agency. Such a depository would then store permanent records, temporary records, or security backup media in any format. Like with the first type of depository, the secretary can spend money necessary to maintain the facility, and to employ any needed personnel. Moreover, the secretary can operate these depositories on a cost recovery basis. The secretary can also enter into agreements to acquire or loan any historical records that he or she thinks would be in the public interest. Finally, the secretary can abolish one of these branch depositories at any time.
History: Section enacted in 1918; current through 2009 Legislative Session.
Surrender of materials to division for preservation; preparation of certified copies; ownership, operation, and management of electronic archival records; exemption for certain records under certain conditions; "constitutional officer" defined. Ga. Code Ann. § 45-13-46
Any state or local government official is authorized to turn over any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes that the official is not currently using to the Georgia Archives for permanent preservation. Moreover, any public records that a state agency, constitutional officer , or Speaker of the House of Representatives creates or receives must be turned over to the archives for preservation when they are no longer in use. Once any of these records are preserved, then any interested person can request a copy of those records, which is certified by the Director of the Georgia Archives. A copy with this certification will have the same legal force as if the copy were in fact the original document.
Notably, any personal or official records of the Lieutenant Governor and Speaker of the House of Representatives can be exempt from the storage requirement above if the records are deposited in a repository that meets the Georgia Archive’s minimum archival and public access standards.
The Georgia Archives must own and operate any equipment that the archives needs to manage its collection of electronic archival records. However, for electronic records on equipment owned by a contractor or third-party, the archives can contract with the contractor or third-party to manage those records themselves.
History: Section enacted in 1918; current through 2009 Legislative Session.
Compilation and distribution of official and statistical state register. Ga. Code Ann. § 45-13-47
The Georgia Archives is required to compile an official and statistical state register and publish an updated version every two years. Once each version is completed, the Secretary of State is responsible for printing it and distributing at least one copy to each member of the General Assembly, to each state agency head, to each high school in the state, and to each unit of the University System of Georgia.
First, this register must contain biographical sketches of: the highest state executive officials; the members of Congress from Georgia; the Georgia Supreme Court Justices; the Judges of the Georgia Court of Appeals; members of the State Senate and the State House of Representatives; and the judges and district attorneys of the state superior courts. Furthermore, the register must contain: rosters of all state and county officials; lists of all state institutions and all official boards; state and county population and election statistics; and miscellaneous statistics that are of current interest or likely to be of value to a future historian.
History: Section enacted in 1918; current through 2009 Legislative Session.
Establishment of prices for publications; furnishing of free copies to state institutions; disposition of excess copies of publications. Ga. Code Ann. § 45-13-48
The Secretary of State is authorized to choose a fair price to charge for any publications that the Georgia Archives produces. The secretary should use all of the revenue that the archives raises from these publications to further finance the archive’s various duties. However, the archives must give at least one copy of each publication free of charge to any state institution that asks for it. Finally, the Secretary of State has the discretion to dispose of any excess copies of publications that the archives may accumulate.
History: Section enacted in 1918; current through 2009 Legislative Session.
Printing of circulars, notices, or forms. Ga. Code Ann. § 45-13-49
If the Georgia Archives needs to conduct any printing such as circulars, notices, forms, communications, or reports, that printing must be paid for in the same way as other printing jobs in the state.
History: Section enacted in 1918; current through 2009 Legislative Session.
Division facilities and records to be open to public on Saturdays. Ga. Code Ann. § 45-13-50
The Georgia Archives must open its collections and facilities to the general public during regular business hours on weekdays, and from 9:30 a.m. to 3:30 p.m. on Saturdays, except for legal holidays.
History: Section enacted in 1970; current through 2009 Legislative Session.
Georgia Historical Records Advisory Board created; purpose; members; expenses; coordinator; officers; meetings; administrative assignment; staff. Ga. Code Ann. § 45-13-55
This section creates the Georgia Historical Records Advisory Board, the purpose of which is: to advise the Secretary of State and the Georgia Archives; to serve as the state advisory body required by federal granting agencies; and to encourage cooperative efforts among state agencies to improve the condition of Georgia’s historical records.
The board consists of twelve members, who are each appointed by the Governor. A majority of the members must have recognized experience in administering government and historical records, or in a field of research or activity that makes extensive use of historical records and archives. The members should also broadly represent the various public and private archival research communities and organizations in the state.
Each of the members serves a three-year term, and is eligible for reappointment when that term expires. If a member vacates his or her position before their term is complete, then the Governor can appoint a replacement to serve out the duration of that term. The members of the board serve without regular compensation; however, those members who are not state employees will receive an allowance for each day they participate in board meetings. The amount of the allowance will equal the daily allowance paid to a member of the General Assembly. The state will also reimburse members for transportation expenses.
The Director of the Georgia Archives serves as Georgia Historical Records Coordinator, and assists the board in its activities through this capacity. The board is responsible for electing its chairperson and other officers, and for adopting any necessary bylaws to govern its operation. In addition, the board must meet at least once a year, plus at any special meetings that the chairperson calls. The board cannot maintain a permanent staff, but may hire a temporary staff for specific activities if it has the necessary funds available.
History: Section enacted in 1981; current through 2009 Legislative Session.
Powers and duties of board. Ga. Code Ann. § 45-13-56
The Georgia Historical Records Advisory Board performs a number of duties and functions. First, it must advise the Georgia Archives on issues involving its records. Second, it must serve as the state advisory body required by federal granting authorities for state projects. Third, it must identify endangered records of historical value and recommend actions to protect them. Fourth, it must promote state-wide planning efforts for historical records needs. Fifth, it must cooperate with every state agency on issues involving preservation of state records. Sixth, it must encourage and supervise high visibility projects involving state-wide records that cross local jurisdictional lines. Seventh, it must encourage communication among all members of the historical records and archival communities in order to unify them towards pursuing state-wide goals and common practices for preserving historical records. Eighth, it must appoint appropriate subcommittees or advisory committees to tackle specific issues. Ninth, it must develop and recommend records retention schedules to the State Records Committee in accordance with the Georgia Records Act (Ga. Code Ann. §§ 50-18-90 et seq.). Tenth, the board can accept and use gifts, grants, and donations to finance the board’s other duties. Eleventh, the board can make grants to other organizations to support their own records preservation activities. Finally, the board can do anything else that is necessary to help it perform its various duties.
History: Section enacted in 1981; current through 2009 Legislative Session.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
Archeological exploration, excavation, or surveying; administrative appeal of department orders. Ga. Code Ann. § 12-3-52
For the most part, the State of Georgia and the Department of Natural Resources enjoy the exclusive authority to explore and excavate all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and similar sites that are located on state-owned or state-controlled lands. The Department of Natural Resources can, however, enter into contracts with qualified individuals or scientific institutions to conduct field archaeological research on state land if the department determines it is necessary. Before the department enters into a contract with an institution or individual, the institution or individual must submit a detailed research plan that outlines the location, objectives, scope, methods, and expected results of the excavation. If burial sites are involved, the research plan must include a plan for identifying and notifying lineal descendants, for skeletal analysis, and for care and disposition as required by Article 7 of Chapter 12 of Title 44. Moreover, once the department issues a permit to excavate an aboriginal, prehistoric, or American Indian burial site, the department must send written notice to the Council on American Indian Concerns.
History: Section enacted in 1969; current through 2009 Legislative Session.
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What funding exists for state historical education efforts?
Legislative findings; historical and cultural museum assistance program; responsibilities. Ga. Code Ann. § 12-3-57
As the purpose for this section, the General Assembly declares it to be in the public interest to establish a program of financial and technical assistance to help historical and cultural heritage museums become more accessible to the general public to educate them about Georgia history. Under this historical and cultural museum assistance program, the state can provide financial and technical assistance to museums operated by local jurisdictions and private nonprofit organizations. The Department of Natural Resources has the responsibility to manage and administer the program, and to coordinate with appropriate federal, state, and private programs. Museums can use grants from the program for a number of activities, including educational programs and projects.
The money that gets appropriated to the program can be used in the following ways. In making grants, the program should try to distribute funds to museums across the state. Moreover, any individual grant cannot exceed $10,000 to a single museum in any one year. The program may not, however, make a grant to a museum if it has been in existence as a nonprofit for less than five years prior to submitting an application for funds. In any given year, the Commissioner of Natural Resources can decide to hold up to 20% of the appropriated money in a reserve to only be used for unanticipated eligible projects.
The department is responsible for following the Fair and Open Grants Act (Ga. Code Ann. §§ 28-5-120 et seq.), with respect to application procedures and procedures to notify the public about available grants. Furthermore, the division must consider the following factors when recommending that the commissioner approve grant applications: the relative merits of the museum’s project or activities within identified state-wide needs; whether the local government has pledged additional support to the museum’s project; the potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and any other relevant factors, such as the geographic distribution of grant assistance from the grant fund.
History: Section enacted in 1981; current through 2009 Legislative Session.
Historic preservation grant program. Ga. Code Ann. § 12-3-58
One of the purposes of the historic preservation grant program is to fund historic preservation education efforts.
This section has several restrictions on how fund money can be spent. To spend money from the historic preservation grant fund, the Director of the Division of Historic Preservation must review and make recommendations to the Commissioner of Natural Resources, who has the authority to approve expenditures from the fund. Each year, the commissioner can decide to put up to 20% of all available money in the grant fund into a reserve that will only be used in an unexpected emergency. Moreover, only 10% of all available money can be used for administrative expenses. For the rest of the money to be distributed, the director will base his or her recommendations on a competitive selection process.
The money that the division distributes through the competitive process must follow the Fair and Open Grants Act (Ga. Code Ann. §§ 28-5-120 et seq.) with respect to application procedures and procedures to notify the public about available grants. Furthermore, the division must consider the following factors when recommending that the commissioner approve grant applications: the relative historical or cultural significance of, and urgency of need for, the proposed project; whether the local government has pledged additional support to the project; and any other relevant factors, such as the geographic distribution of grant assistance from the grant fund.
Finally, the division must submit an annual report on or before each December 31 to the Governor and the General Assembly that describes the fund’s financial status and operations over the past year.
History: Section enacted in 1998; current through 2009 Legislative Session.
Acquisition of lands within boundaries of Civil War battlefields for public access; maintenance, protection, and interpretation of sites. Ga. Code Ann. § 50-7-63
The Civil War Commission is responsible for making funds available for interpretation and education efforts at Civil War battlefields and memorials.
History: Section enacted in 2006; current through 2009 Legislative Session.
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What funding exists for state museums’ scientific services?
Legislative findings; historical and cultural museum assistance program; responsibilities. Ga. Code Ann. § 12-3-57
As the purpose for this section, the General Assembly declares it to be in the public interest to establish a program of financial and technical assistance to help historical and cultural heritage museums with research efforts involving their collections. Under this historical and cultural museum assistance program, the state can provide financial and technical assistance to museums operated by local jurisdictions and private nonprofit organizations. The Department of Natural Resources has the responsibility to manage and administer the program, and to coordinate with appropriate federal, state, and private programs. Museums can use grants from the program for a number of activities, including research and scientific projects.
The money that gets appropriated to the program can be used in the following ways. In making grants, the program should try to distribute funds to museums across the state. Moreover, any individual grant cannot exceed $10,000 to a single museum in any one year. The program may not, however, make a grant to a museum if it has been in existence as a nonprofit for less than five years prior to submitting an application for funds. In any given year, the Commissioner of Natural Resources can decide to hold up to 20% of the appropriated money in a reserve to only be used for unanticipated eligible projects.
The department is responsible for following the Fair and Open Grants Act (Ga. Code Ann. §§ 28-5-120 et seq.), with respect to application procedures and procedures to notify the public about available grants. Furthermore, the division must consider the following factors when recommending that the commissioner approve grant applications: the relative merits of the museum’s project or activities within identified state-wide needs; whether the local government has pledged additional support to the museum’s project; the potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and any other relevant factors, such as the geographic distribution of grant assistance from the grant fund.
History: Section enacted in 1981; current through 2009 Legislative Session.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
Duties and powers of Civil War Commission. Ga. Code Ann. § 50-7-61
Some of the duties of the Civil War Commission are: to acquire and provide funds for the acquisition of Civil War cemeteries and other historic properties associated with the Civil War; and to distribute funds received from state appropriations and other sources through grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of maintaining and restoring existing Civil War memorials and cemeteries.
History: Section enacted in 2006; current through 2009 Legislative Session.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
Authority of counties and municipalities to preserve abandoned cemeteries. Ga. Code Ann. § 36-72-3
Counties and municipalities are allowed to take necessary steps to protect or preserve any abandoned cemetery or historical burial ground within their territory. This includes using public money to pay to maintain an abandoned cemetery when the person or entity legally responsible for maintenance is not doing so. To recoup the money that it spends, a county or municipality can charge the person responsible for maintenance, or can exercise eminent domain to acquire lands equal in value to the amount owed.
History: Section enacted in 1991; current through 2009 Legislative Session.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
Creation of small minority business development corporations; contents of articles of incorporation; subscription and acknowledgment. Ga. Code Ann. § 7-1-941
This section describes how five or more people can join together to create a small minority business development corporation by filing articles with the Secretary of State. Among the various purposes of the small minority business development corporation is to encourage the advancement of small minority businesses and business activity by minority persons .
History: Section enacted in 1981; current through 2009 Legislative Session.
Creation of Georgia Council on Developmental Disabilities; purpose; members; duties; funding; expenses. Ga. Code Ann. § 30-8-1
This section creates the Georgia Council on Developmental Disabilities, which is appointed by the Governor. The section encourages the Governor to consider appointing individuals with a range of developmental disabilities, and to consider geographic, racial, and ethnic diversity. Among the council’s duties will be to advocate for people with developmental disabilities, and to advise the Governor and General assembly on issues affecting people with developmental disabilities.
History: Section enacted in 1995; current through 2009 Legislative Session.
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What tribes are recognized by the state?
Tribes, bands, groups, or communities recognized by state as legitimate American Indian Tribes. Ga. Code Ann. § 44-12-300
The State of Georgia recognizes the following three tribes:
The Georgia Tribe of Eastern Cherokee
P.O. Box 1993
Dahlonega, Georgia 30533
The Lower Muscogee Creek Tribe
Route 2, Box 370
Whigham, Georgia 31797
The Cherokee of Georgia Tribal Council
Saint George, Georgia 31646.
History: Section enacted in 1993; current through 2009 Legislative Session.
Are the state-recognized tribes different from the federally-recognized tribes in the state?
We were unable to locate any federally recognized tribesin the State of Georgia.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
Identification and notification of descendants of person in cemetery sought to be developed. Ga. Code Ann. § 36-72-6
The applicant must begin to implement the genealogist’s plan for identifying and locating descendants, at the latest, by the time that the applicant submits the permit application to the county or municipality governing body. Once the governing body reviews the application, it can require that the applicant undertake additional actions as a condition for issuing a permit.
The notice that the applicant provides to descendants must include information about how a descendant can contact the governing body, along with a statement of the descendant’s rights over his or her ancestor’s buried remains. If a descendant indicates interest, the governing body must promptly inform the descendant about any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and procedures for appeal.
History: Section enacted in 1991; current through 2009 Legislative Session.
Public hearing on development of abandoned cemetery; time for decision on application for permit. Ga. Code Ann. § 36-72-7
The county or municipality governing body is responsible for scheduling a public hearing on a permit application after: (1) it is satisfied that the applicant made all reasonable efforts to notify descendants; and (2) it has received recommendations from the review board or commission that the governing body can establish under Ga. Code Ann. § 36-72-9. The governing body must publish a notice for the hearing in the local newspaper once a week for two consecutive weeks immediately before the week when it will hold the hearing. At the hearing, any interested party or citizen can appear before the governing body and have an opportunity to be heard.
After the hearing, the governing body has 30 days to reach a decision on a permit application and to notify the applicant about that decision. The governing body can reach one of three possible decisions. First, it can deny the application, and then must give the applicant written reasons for the denial. Second, it can issue a permit that adopts the applicant’s entire application. Third, the governing body can issue a permit that only adopts the application in part, and includes additional requirements to mitigate the proposed activity’s adverse effect on the cemetery or burial ground. These requirements can include relocating the proposed project, reserving the cemetery or burial ground as an undeveloped area within the proposed development, and respectful disinterment and proper disposition of the human remains.
History: Section enacted in 1991; current through 2009 Legislative Session.
Issues considered in decision on application for permit. Ga. Code Ann. § 36-72-8
The governing body should consider the following factors in making its determination: (1) a presumption in favor of leaving the cemetery or burial ground undisturbed; (2) the concerns and comments of any interested parties, especially descendants of those buried in the cemetery or burial ground; (3) the economic and other costs of mitigating the harm to the cemetery or burial ground; (4) the adequacy of the applicant’s plans for disinterment and proper disposition of human remains or burial objects; (5) achieving a balance between the applicant’s interest in disinterment and the public’s and any descendant’s interest in the value of the undisturbed cultural and natural environment; and (6) any other compelling factors that the governing body deems relevant.
History: Section enacted in 1991; current through 2009 Legislative Session.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
Yes, the State of Georgia maintains a Council on American Indian Concerns, which is established and empowered under Ga. Code Ann. §§ 44-12-280 et seq. Information on the council’s composition can be found here, and information on the council’s powers and duties can be found here.
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How is the state Indian Affairs Commission or equivalent composed?
Council on American Indian Concerns created; membership; assignment for administrative purposes; terms of office; removal for failure to attend meetings. Ga. Code Ann. § 44-12-280
The Council on American Indian Concerns is composed of nine members, and the Governor is responsible for appointing each of them. The nine members must be qualified in the following way. First, five of the members must be American Indians. Second, three of the members must represent the scientific community, with at least one anthropologist and one archaeologist . If the Governor is unable to find an anthropologist who is willing to serve on the council, then the Governor can appoint a person who holds a master’s degree or a higher degree in the field of anthropology and is currently active in the profession. Third, one member must be selected from the general public. Finally, each member of the council must be a legal resident of the State of Georgia.
Before deciding who to appoint to the council, the Governor should consider recommendations from state-recognized tribal groups, the Human Relations Commission, the Georgia Council of Professional Archaeologists, the Society for Georgia Archaeology, and the Department of Natural Resources.
Each member of the council is appointed to a three-year term, and is eligible for reappointment. Moreover, each member is expected to actively participate in the council’s meetings. If a member misses three consecutive meetings, the Governor can decide to remove that member.
History: Section enacted in 1981; current through 2009 Legislative Session.
Chairperson; meetings; quorum. Ga. Code Ann. § 44-12-282
The council members are responsible for electing a chairperson, who will serve a one-year term. The chairperson then has the duty to call council meetings, which should occur as frequently as the council needs to adequately perform its various duties. At these meetings, five council members constitute a quorum to conduct business.
History: Section enacted in 1981; current through 2009 Legislative Session.
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What are the powers and duties of the state Indian Affairs Commission?
Powers and duties of council. Ga. Code Ann. § 44-12-283
This section grants the Council on American Indian Concerns several powers and duties. First, the council has the duty to serve as a resource to those applying for permits under Ga. Code Ann. § 36-72-5, to help them notify relatives of the deceased individuals affected by the proposed project. If the council fails to respond within 30 days to a request to act as a resource, the notification process can move forward without the council’s involvement. Second, the council has the duty to receive notice of permits and contracts issued under Ga. Code Ann. § 12-3-52 that affect aboriginal, prehistoric, or American Indian burial sites. Third, the council must monitor the inventory and identification process under Ga. Code Ann. § 44-12-261 to ensure that it is progressing properly and fairly. Fourth, the council must help resolve disputes between American Indian tribes, lineal descendants of American Indians, and museums that arise over the repatriation of American Indian remains and burial objects under Ga. Code Ann. § 44-12-262. As part of this responsibility, the council can convene mediation meetings between disputing parties. Fifth, the council must advise the Department of Natural Resources, the General Assembly, and other state and local agencies about policy issues that affect American Indians. Sixth, the council has the power to apply for and receive grants or gifts from the federal government, state government, any local government, any private organization, and any private individual. Finally, the council has the duty to preserve and foster the cultural heritage of Indians and Indian descendants in the state of Georgia. As part of this capacity, the council is designated as the agency responsible for dealing with specific federal programs that are directed towards Indian agencies or organizations.
History: Section enacted in 1981; current through 2009 Legislative Session.
Additional powers of council. Ga. Code Ann. § 44-12-283.1
The Council on American Indian Concerns has the following additional powers: to compile and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians in Georgia and provide technical assistance in preparing plans to alleviate those needs; to confer with appropriate officials of federal, state, and local agencies about Indian affairs, in order to secure needed resources for Indians in Georgia; to cooperate with federal, state, and local agencies to ensure that Indians in Georgia receive the maximum benefit from federal and state programs; to review all proposed or pending state legislation that affects Indians in Georgia; to conduct public hearings on matters relating to Indian affairs; to study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; to distribute funds in compliance with state regulations; and to make legislative recommendations.
History: Section enacted in 1981; current through 2009 Legislative Session.
Annual report. Ga. Code Ann. § 44-12-285
The council is responsible for submitting an annual report of its activities to the Governor.
History: Section enacted in 1981; current through 2009 Legislative Session.
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Is there a state Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
Powers and duties of Council on American Indian Concerns. Ga. Code Ann. § 44-12-283
This section grants the Council on American Indian Concerns several powers and duties. First, the council has the power to apply for and receive grants or gifts from the federal government, state government, any local government, any private organization, and any private individual. In addition, the council has the duty to preserve and foster the cultural heritage of Indians and Indian descendants in the state of Georgia. As part of this capacity, the council is designated as the agency responsible for dealing with specific federal programs that are directed towards Indian agencies or organizations.
History: Section enacted in 1981; current through 2009 Legislative Session.
Additional powers of council. Ga. Code Ann. § 44-12-283.1
The Council on American Indian Concerns has the following additional powers: to confer with appropriate officials of federal, state, and local agencies about Indian affairs, in order to secure needed resources for Indians in Georgia; to cooperate with federal, state, and local agencies to ensure that Indians in Georgia receive the maximum benefit from federal and state programs; to study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; and to distribute funds in compliance with state regulations.
History: Section enacted in 1981; current through 2009 Legislative Session.
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Definitions
An "affidavit" is a voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths. Black’s Law Dictionary 66 (9th ed. 2009).
"Burial object" means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section 36-72-2 and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains. Ga. Code Ann. §§ 12-3-620, 44-12-260.
"Sacred object" means a specific ceremonial object which is used by a religious leader for the practice of a religion by the present day adherents of such religion. Ga. Code Ann. § 12-3-620.
"Object of cultural patrimony" means an object having ongoing historical, traditional, or cultural importance central to a group or culture itself, rather than property owned by an individual, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of a tribe or an organization. Ga. Code Ann. § 12-3-622.
"Receiving" means acquiring possession or control or lending on the security of the property. Ga. Code Ann. § 16-8-7.
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4. Ga. Code Ann. § 44-12-260.
Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the [Department of Natural Resources] is empowered to administer and enforce. Ga. Code Ann. § 12-3-52.
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4. Ga. Code Ann. § 44-12-260.
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4. Ga. Code Ann. § 44-12-260.
A "general power of appointment" is a power of appointment by which the done can appoint—that is, dispose of the donor’s property—in favor of anyone at all, including oneself or one’s own estate; esp[ecially], a power that authorizes the alienation of a fee to any alienee. Black’s Law Dictionary 1290 (9th ed. 2009).
A "condition precedent" is an act or event, other than a lapse of time, that must exist or occur before a duty to perform something promised arises. If the condition does not occur and is not excused, the promised performance need not be rendered. Black’s Law Dictionary 334 (9th ed. 2009).
A "grantor" is one who conveys property to another. Black’s Law Dictionary 769 (9th ed. 2009).
A "grant" is a formal transfer of real property. Black’s Law Dictionary 768 (9th ed. 2009).
A "grantor" is one who conveys property to another. Black’s Law Dictionary 769 (9th ed. 2009).
A "fiduciary" is a person who must exercise a high standard of care in managing another’s money or property. Black’s Law Dictionary 702 (9th ed. 2009).
"Blighted property," "blighted," or "blight" means any urbanized or developed property which: (A) presents two or more of the following conditions: (i) uninhabitable, unsafe, or abandoned structures; (ii) inadequate provisions for ventilation, light, air, or sanitation; (iii) an imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; provided, however, this division shall not apply to property unless the relevant public agency has given notice in writing to the property owner regarding specific harm caused by the property and the owner has failed to take reasonable measures to remedy the harm; (iv) a site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability [sic] study; (v) repeated illegal activity on the individual property of which the property owner knew or should have known; or (vi) the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Property shall not be deemed blighted because of esthetic conditions. Ga. Code Ann. § 22-1-1.
"Common carrier" means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. Ga. Code Ann. § 22-1-1.
"Condemnor" or "condemning authority" means: (A) the State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (B) any county or municipality of the State of Georgia; (C) any housing authority with approval of the governing body of the city or county as provided in Code Section 8-3-31.1; (D) any other political subdivision of the State of Georgia which possesses the power of eminent domain; and (E) all public utilities that possess the right or power of eminent domain. Ga. Code Ann. § 22-1-1.
"Economic development" means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: (A) transfer of land to public ownership; (B) transfer of property to a private entity that is a public utility; (C) lease of property to private entities that occupy an incidental area within a public project; or (D) the remedy of blight. Ga. Code Ann. § 22-1-1.
"Each person with a legal claim" means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. Ga. Code Ann. § 22-1-1.
"Interest" means any title or nontitle interest other than fee simple title. Ga. Code Ann. § 22-1-1.
"Persons" means individuals, partnerships, associations, and corporations, domestic or foreign. Ga. Code Ann. § 22-1-1.
"Property" means fee simple title. Ga. Code Ann. § 22-1-1.
"Public use" means: (i) the possession, occupation, or use of the land by the general public or by state or local governmental entities; (ii) the use of land for the creation or functioning of public utilities; (iii) the opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) the acquisition of property where title is clouded due to the inability to identify or locate all owners of the property; (v) the acquisition of property where unanimous consent is received from each person with a legal claim that has been identified and found; or (vi) the remedy of blight. The public benefit of economic development shall not constitute a public use. Ga. Code Ann. § 22-1-1.
"Public utility" means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers and railroads. Ga. Code Ann. § 22-1-1.
"Eminent domain" is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is for public use. Ga. Code Ann. § 22-1-2.
"Public use" is a matter of law to be determined by the court and the condemnor bears the burden of proof. Ga. Code Ann. § 22-1-2.
A "quitclaim" is a formal release of one’s claim or right. Black’s Law Dictionary 1368 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black’s Law Dictionary 691 (9th ed. 2009).
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. Ga. Code Ann. § 44-10-2.
An "easement" is an interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose (such as to cross it for access to a public road). Black’s Law Dictionary 585-86 (9th ed. 2009).
"Holder" means: (1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or (2) a charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. Ga. Code Ann. § 44-10-2.
"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder. Ga. Code Ann. § 44-10-2.
An "appurtenant easement" is an easement created to benefit another tract of land, the use of easement being incident to the ownership of that tract. Black’s Law Dictionary 586 (9th ed. 2009).
A "negative easement" is an easement that prohibits the servient-estate owner from doing something, such as building an obstruction. Black’s Law Dictionary 587 (9th ed. 2009).
"Touch or concern real property" is often a requirement for covenants or agreements that "run with the land." A "covenant running with the land" is a covenant intimately and inherently involved with the land and therefore binding subsequent owners and successor grantees indefinitely. Black’s Law Dictionary 421 (9th ed. 2009).
"Privity of estate" is a mutual or successive relationship to the same right in property, as between grantor and grantee or landlord and tenant. Black’s Law Dictionary 1320 (9th ed. 2009).
"Privity of contract" is the relationship between the parties to a contract, allowing htem to sue each other but preventing a third party from doing so. Black’s Law Dictionary 1320 (9th ed. 2009).
An "easement" is an interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose (such as to cross it for access to a public road). Black’s Law Dictionary 585-86 (9th ed. 2009).
A "covenant" is a formal agreement or promise, usu[ally] in a contract or deed, to do or not do a particular act. Black’s Law Dictionary 419 (9th ed. 2009).
An "equitable servitude" is a private agreement, usu[ally] in a deed or lease, that restricts the use or occupancy of real property, esp[ecially] by specifying lot sizes, building lines, architectural styles, and the uses to which the property may be put. Black’s Law Dictionary 421 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black’s Law Dictionary 691 (9th ed. 2009).
"Lot" means any lot or portion of a lot in a cemetery owned by a county, municipality, or consolidated government which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold. Ga. Code Ann. § 44-5-211.
"Certificate of appropriateness" means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from a historic preservation commission before such material change may be undertaken. Ga. Code Ann. § 44-10-22.
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4. Ga. Code Ann. § 44-12-260.
Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the [Department of Natural Resources] is empowered to administer and enforce. Ga. Code Ann. § 12-3-52.
"Museum" means any institution or state or local government agency or any institution of higher learning that is not included in paragraph (8) of Section 2 of Public Law 101-601. Ga. Code Ann. § 44-12-260.
"American Indian" means an individual who is a member of a nation, tribe, band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legislative session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dockets pertaining to the Creek Nation east of the Mississippi River. Ga. Code Ann. § 44-12-260.
"Human remains" means the bodies of deceased human beings in any stage of decomposition, including cremated remains. Ga. Code Ann. § 44-12-260.
"Burial object" means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section 36-72-2 and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains. Ga. Code Ann. §§ 12-3-620, 44-12-260.
"Inventory" means a simple itemized list that summarizes the information called for by this article. Ga. Code Ann. § 44-12-260.
"American Indian tribe" means any nation, tribe, band, group, or community that was indigenous to Georgia and is recognized as eligible for the special programs and services provided by the United States to Indians because of its status as Indian; or whose members are descendants of American Indians indigenous to Georgia. Ga. Code Ann. § 44-121-260.
"Cultural affiliation" means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. Ga. Code Ann. § 44-12-260.
"Clear and convincing evidence" is evidence indicating that the thing to be proved is highly probably or reasonably certain. This is a greater burden than preponderance of evidence . . . but less than evidence beyond a reasonable doubt. Black’s Law Dictionary 636 (9th ed. 2009).
"Preponderance of the evidence" is the greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to once side of the issue rather than the other. Black’s Law Dictionary 1301 (9th ed. 2009).
A "proceeding in rem" is a proceeding brought to affect all persons’ interests in a thing that is subject to the power of a state. Black’s Law Dictionary 1324 (9th ed. 2009).
A "contingent interest" is an interest that the holder may enjoy only upon the occurrence of a condition precedent. Black’s Law Dictionary 885 (9th ed. 2009).
An "estate" is the amount, degree, nature, and quality of a person’s interest in land or other property; esp[ecially], a real-estate interest that may become possessory, the ownership being measured in terms of duration. Black’s Law Dictionary 626 (9th ed. 2009).
"Public property" means any real property located within the State of Georgia in which a legal or equitable interest is held by: (A) the State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government; (B) any county, municipality, county or independent school district, or other political subdivision of the state or any agency of any such political subdivision; (C any public authority or other public corporation which is a body politic of the state or of any county, municipality, or other political subdivision of the state; or (D) any governmental body or governmental entity of this state not covered by subparagraph (A), (B), or (C) of this paragraph. Ga. Code Ann. § 50-16-180.
"Submerged cultural resources" means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Ga. Code Ann. § 12-3-80.
"Burial site" or "burial ground" means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4. Ga. Code Ann. § 44-12-260.
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black’s Law Dictionary 691 (9th ed. 2009).
A "fee simple" is an interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs, esp[ecially], a fee simple absolute. Black’s Law Dictionary 691 (9th ed. 2009).
"Prima facie evidence" is evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced. Black’s Law Dictionary 638 (9th ed. 2009).
NOTE: This reference is meant to be a live link to the original text of Ga. Code Ann. § 12-3-50.
"Heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this part. Ga. Code Ann. § 12-3-72.
"Historic property" is districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Natural Resources. Ga. Code Ann. § 12-3-50.2.
"Heritage area" means an area of land, marsh, or water which has been identified by the board as having significant historical, natural, or cultural value. Ga. Code Ann. § 12-3-72.
"Heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this part. Ga. Code Ann. § 12-3-72.
"Historic preservation jurisdiction," in the case of a county, means the unincorporated area of the county; and, in the case of a municipality, such term means the area within the corporate limits of the municipality. Ga. Code Ann. § 44-10-22.
"Designation" means a decision by the local governing body of a municipality or county wherein a property or district proposed for preservation is located to designate such property or district as a "historic property" or as a "historic district" and thereafter to prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the historic preservation commission. Ga. Code Ann. § 44-10-22.
"Certificate of appropriateness" means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from a historic preservation commission before such material change may be undertaken. Ga. Code Ann. § 44-10-22.
"Certificate of appropriateness" means a document approving a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained from a historic preservation commission before such material change may be undertaken. Ga. Code Ann. § 44-10-22.
"Local governing body" means the elected governing body or governing body of any municipality or county of this state. Ga. Code Ann. § 44-10-22.
"Designation" means a decision by the local governing body of a municipality or county wherein a property or district proposed for preservation is located to designate such property or district as a "historic property" or as a "historic district" and thereafter to prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the historic preservation commission. Ga. Code Ann. § 44-10-22.
"Historic property" means a structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one or more of the following reasons: (A) it is an outstanding example of a structure representative of its era; (B) it is one of the few remaining examples of a past architectural style; (C) it is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or (D) it is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region. Ga. Code Ann. § 44-10-22.
"Historic district" means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof which: (A) have special character or special historical or esthetic interest or value; (B) represent one or more periods or styles of architecture typical of one or more eras in the history of the municipality, county, state, or region; and (C) cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county. Ga. Code Ann. § 44-10-22.
"Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following: (A) a reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (B) demolition of a historic property; (C) commencement of excavation; (D) a change in the location of advertising visible from the public way on any historic property; or (E) the erection, alteration, restoration, or removal of any building or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features, except exterior paint alterations. Ga. Code Ann. § 44-10-22.
"Exterior architectural features" means the architectural style, general design, and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material; the type and style of all windows, doors, and signs; and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing. Ga. Code Ann. § 44-10-22.
"Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following: (A) a reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (B) demolition of a historic property; (C) commencement of excavation; (D) a change in the location of advertising visible from the public way on any historic property; or (E) the erection, alteration, restoration, or removal of any building or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features, except exterior paint alterations. Ga. Code Ann. § 44-10-22.
"Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following: (A) a reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (B) demolition of a historic property; (C) commencement of excavation; (D) a change in the location of advertising visible from the public way on any historic property; or (E) the erection, alteration, restoration, or removal of any building or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features, except exterior paint alterations. Ga. Code Ann. § 44-10-22.
A "revolving fund" is a gap financing measure primarily used for development and expansion of small businesses. It is a self-replenishing pool of money, utilizing interest and principal payments on old loans to issue new ones. More information is available here.
"Heritage area" means an area of land, marsh, or water which has been identified by the board as having significant historical, natural, or cultural value. Ga. Code Ann. § 12-3-72.
"Heritage preserve" means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this part. Ga. Code Ann. § 12-3-72.
"Joint and several liability" is liability that may be apportioned either among two or more parties or to only one or a few select members of a group, at the adversary’s discretion. Thus, each liable party is individually responsible for the entire obligation, but a paying party may have a right of contribution and indemnity from nonpaying parties. Black’s Law Dictionary 997 (9th ed. 2009).
A "bond" is a written promise to pay money to do some act if certain circumstances occur or a certain time elapses. Black’s Law Dictionary 200 (9th ed. 2009).
"Constitutional officer" means any officer enumerated in Article V, Section I, Paragraph I; Article V, Section I, Paragraph III; or Article V, Section III, Paragraph I of the Constitution of the State of Georgia. Ga. Code Ann. § 45-13-46.
"Small minority business" means any for profit corporation, partnership, proprietorship, association, or other business entity which: (1) is at least 51 percent owned and controlled by minority persons and whose management and daily operation are controlled by one or more of the minority persons who own it; (2) has gross revenue of less than $6 million in a 12 month fiscal year; (3) has a net profit after taxes for each of the last two taxable years of less than $1 million; (4) employs less than 500 people; and (5) is not a lending institution. Ga. Code Ann. § 7-1-940.
"Minority person" means a lawful permanent resident of the United States who is: black; Hispanic; Asian-Pacific American; Native American; or Asian-Indian American. Ga. Code Ann. § 7-1-940.
"Anthropologist" means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession. Ga. Code Ann. § 44-12-280.
"Archaeologist" means any person who: (1) is a member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience or formal training in the excavation and interpretation of human graves; or (2) was employed on July 1, 1992, by the state or by any county or municipal governing body as an archaeologist. Ga. Code Ann. § 44-12-280.
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