Georgia 2025-2026 Regular Session

Georgia Senate Bill SB146

Introduced
2/11/25  
Refer
2/12/25  

Caption

Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide

Impact

If enacted, the bill will strengthen the protections afforded to cemeteries and burial grounds by establishing a formalized procedure for their disinterment and disturbance. It defines 'abandoned cemeteries' and provides a framework for civil actions that descendants can initiate when their ancestral grave sites are affected. Moreover, it delineates the responsibilities of local governments in the oversight of family burial plots, including their minimum size and maintenance requirements. These changes can significantly impact local laws related to land development and preservation.

Summary

SB146 introduces comprehensive regulations aimed at protecting cemeteries and burial grounds within the state. It seeks to amend various sections of the Official Code of Georgia Annotated related to health, local government, and property, specifically focusing on procedures for disinterment, reinterment, and the establishment of family burial plots. The bill outlines the requirements for acquiring permits for such actions and specifies civil remedies for those who fail to comply with these permit requirements.

Sentiment

The sentiment around SB146 appears generally supportive, especially among groups advocating for the protection of historical burial sites and cultural heritage. Stakeholders emphasize the importance of respecting human remains and maintaining the dignity associated with burial practices. However, there may be some contention regarding how these regulations could affect property rights and local governance, particularly if land uses conflict with the protections granted to cemeteries.

Contention

Notable points of contention include how to adequately balance the rights of property owners with the protections of burial sites. Some may argue that establishing permits adds bureaucratic layers to land development and could limit municipal autonomy in managing local land-use policies. Critics may also express concerns about the interpretation of what constitutes an abandoned cemetery and how this could impede economic development while protecting cultural resources.

Companion Bills

No companion bills found.

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