In case y'all have not seen this--it came to me thru the Pike Co. List. Pass on to your county lists Stephanie Subject: re: Cemetery Bill before Legistlature Date: Tue, 9 Mar 2004 16:22:53 +0000 was asked to send it to members of the genealogy community to insure that someone knew about the details and the changes to the current cemtery law. If anyone is going to comment on it, they need to do so ASAP to their legislator, etc. You can call and discuss it, or just send some comments. The one thing noted, no permit is required, and the data is to be kept only for TEN Yrs. Seems like the Archives ought to be the place material was a t least recorded in if they are going to do any kind of report. Also note the two graves limit, what happens if only one grave is found/known? anyway, don't delay, as time is ticking. House Bill 1645 By: Representatives Bannister of the 70th, Post 1, Cooper of the 30th, Murphy of the 14th, Post 2, and Knox of the 14th, Post 1 A BILL TO BE ENTITLED AN ACT To amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to provide for procedures for the removal of isolated abandoned burial plots over 100 years in age; to define a certain term; to provide for an archeological survey; to provide for a genealogical search for heirs; to provide for notice to all known heirs of the deceased; to provide for the removal of remains and burial objects; to provide for records of the removal; to provide for the transfer of such records to subsequent purchasers of the property; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, is amended by inserting at the end thereof the following: "36-72-17. (a) As used in this Code section, the term 'abandoned isolated burial plot' means a burial plot containing not more than two interments over 100 years in age located on private property isolated from any cemetery or burial ground and with no signs of recent upkeep as a recognized burial plot. (b) Notwithstanding any other provision of this chapter to the contrary, the owner of property upon which an abandoned isolated burial plot is located may remove the same by complying with the provisions of this Code section. (c) Any property owner wishing to remove an abandoned isolated burial plot shall have the area surveyed by an archeologist. If the archeologist certifies that the burial plot contains no more than two interments and is over 100 years in age, the property owner shall engage a genealogist to locate all living heirs of the persons interred in the plot. The property owner shall notify each living heir so identified of the discovery of the plot and of his or her intention to remove the remains. Such notice shall include the proposed location of the new burial site and the approximate date of the removal, which shall be not sooner than 30 days following the time the notice was received, and the right of the heirs to object to the removal and the address to which the objection must be addressed. If a majority of the heirs consent to the removal in writing, the removal may take place at any time. If, 30 days after the date upon which all heirs have received the notice, a majority of the heirs have not objected to the removal, the removal may take place as provided in subsection (d) of this Code section. If the genealogist certifies that there are no living heirs, or that no living heirs can be found after reasonable diligence has been made, the removal make take place as provided in subsection (d) of this Code section. (d) The removal of remains from an abandoned isolated burial plot authorized by this Code section shall be accomplished at the expense of the owner of the property upon which the plot is located. The remains may be removed only by an archeologist and only to an established cemetery. All burial objects shall accompany the remains. If the accompanying burial objects do not sufficiently identify the deceased, a new marker shall be erected providing, if known, the name of the deceased, the dates of birth and death, the fact of the removal, and the date of the removal. (e) A person accomplishing the removal of an abandoned isolated burial plot under this Code section shall maintain all required documentation for at least ten years and shall transfer such documentation with complete disclosure to a subsequent purchaser of the property. Each subsequent owner of such property shall transfer such documentation with complete disclosure to each subsequent purchaser of the property until ten years have elapsed after the time of the removal." SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

In response: With the growing popularity of family research and the active community interested in being able to provide information and working together they can build a network of sources to help trace family history. Many states at the county level and moving into the state level are getting quite a bit of flack so to speak for their disregard of burial grounds. The neglected ones are now under military bases, shopping malls and many other construction facilities. They were not protected by any laws, except for the law of decency, homage and respect no matter how neglected they were. The government of these counties and states now feel that it is important to get a law that will protect them, make excuses for them and generally ignore their responsibilities for the dead. Our dead didn't have any enforced laws to protect them. Those that are doing wrong want protection from those that realize what they have done and are calling them to task for it. What about the old pitiful cemeteries that still get hundreds of thousands walking around looking at their grounds that the counties and states hold for viewing, but don't maintain other than a rake now and then. Their graves are hundreds of years old. Boston, MA is one of them, and there are thousands just like them. The only cemeteries/burial grounds that get any help or care are the ones protected by societies that collect donations to keep them or the property is owned by private concerns. They want laws to protect their guilt in this bill. Whine to someone else. Those of us that have begged for information on our ancestors are still waiting to find out where a cemetery was located........forget finding the cemetery at all........nobody cares. What a shame they have the nerve to say these things standing on their own two feet. I don't see any knees bending to beg for premission to plow them under and move along with their projects. But if you are searching for a lost cemetery, you will crawl on your hands and knees to go through old dusty records hoping for a glimpse of hope to find some information. You will spend hours going through old records in the basements of federal buildings after you have begged permission to do so and promised to be careful with their dust. I wonder how many of those involved have ancestors buried in Arlington Cemetery. I am ashamed of those that think they can even ask such a thing to be voted on and made into law. Lou Ann Phillips Lunsford Houston, Texas Family research for over 32 years. ----- Original Message ----- From: <SBrad1249@aol.com> To: <GEORGIA-L@rootsweb.com> Sent: Friday, March 19, 2004 2:12 PM Subject: [GEORGIA] Cemetery Bill > In case y'all have not seen this--it came to me thru the Pike Co. List. Pass > on to your county lists > Stephanie > Subject: re: Cemetery Bill before Legistlature > Date: Tue, 9 Mar 2004 16:22:53 +0000 > was asked to send it to members of the genealogy > community to insure that someone knew about the details and the changes to > the > current cemtery law. If anyone is going to comment on it, they need to do so > ASAP to their legislator, etc. > You can call and discuss it, or just send some comments. The one thing > noted, > no permit is required, and the data is to be kept only for TEN Yrs. Seems > like > the Archives ought to be the place material was a t least recorded in if > they > are going to do any kind of report. > > Also note the two graves limit, what happens if only one grave is > found/known? > > anyway, don't delay, as time is ticking. > > > > > > > House Bill 1645 > By: Representatives Bannister of the 70th, Post 1, Cooper of the 30th, > Murphy of > the 14th, Post 2, and Knox of the 14th, Post 1 > > A BILL TO BE ENTITLED AN ACT > > To amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, > relating to abandoned cemeteries and burial grounds, so as to provide for > procedures for the removal of isolated abandoned burial plots over 100 years > in > age; to define a certain term; to provide for an archeological survey; to > provide for a genealogical search for heirs; to provide for notice to all > known > heirs of the deceased; to provide for the removal of remains and burial > objects; > to provide for records of the removal; to provide for the transfer of such > records to subsequent purchasers of the property; to provide for matters > relative to the foregoing; to repeal conflicting laws; and for other > purposes. > > > BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: > > SECTION 1. > > Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating > to > abandoned cemeteries and burial grounds, is amended by inserting at the end > thereof the following: > "36-72-17. > (a) As used in this Code section, the term 'abandoned isolated burial plot' > means a burial plot containing not more than two interments over 100 years > in > age located on private property isolated from any cemetery or burial ground > and > with no signs of recent upkeep as a recognized burial plot. > (b) Notwithstanding any other provision of this chapter to the contrary, the > owner of property upon which an abandoned isolated burial plot is located > may > remove the same by complying with the provisions of this Code section. > (c) Any property owner wishing to remove an abandoned isolated burial plot > shall > have the area surveyed by an archeologist. If the archeologist certifies > that > the burial plot contains no more than two interments and is over 100 years > in > age, the property owner shall engage a genealogist to locate all living > heirs of > the persons interred in the plot. The property owner shall notify each > living > heir so identified of the discovery of the plot and of his or her intention > to > remove the remains. Such notice shall include the proposed location of the > new > burial site and the approximate date of the removal, which shall be not > sooner > than 30 days following the time the notice was received, and the right of > the > heirs to object to the removal and the address to which the objection must > be > addressed. If a majority of the heirs consent to the removal in writing, the > removal may take place at any time. If, 30 days after the date upon which > all > heirs have received the notice, a majority of the heirs have not objected to > the > removal, the removal may take place as provided in subsection (d) of this > Code > section. If the genealogist certifies that there are no living heirs, or > that no > living heirs can be found after reasonable diligence has been made, the > removal > make take place as provided in subsection (d) of this Code section. > (d) The removal of remains from an abandoned isolated burial plot authorized > by > this Code section shall be accomplished at the expense of the owner of the > property upon which the plot is located. The remains may be removed only by > an > archeologist and only to an established cemetery. All burial objects shall > accompany the remains. If the accompanying burial objects do not > sufficiently > identify the deceased, a new marker shall be erected providing, if known, > the > name of the deceased, the dates of birth and death, the fact of the removal, > and > the date of the removal. > (e) A person accomplishing the removal of an abandoned isolated burial plot > under this Code section shall maintain all required documentation for at > least > ten years and shall transfer such documentation with complete disclosure to > a > subsequent purchaser of the property. Each subsequent owner of such property > shall transfer such documentation with complete disclosure to each > subsequent > purchaser of the property until ten years have elapsed after the time of the > removal." > > > SECTION 2. > > All laws and parts of laws in conflict with this Act are repealed. > > > ==== GEORGIA Mailing List ==== > If you wish to unsubscribe from the Georgia list, send only the word > UNSUBSCRIBE to GEORGIA-l-request@rootsweb.com or if you are on the Digest > List to GEORGIA-d-request@rootsweb.com > > ============================== > Gain access to over two billion names including the new Immigration > Collection with an Ancestry.com free trial. Click to learn more. > http://www.ancestry.com/rd/redir.asp?targetid=4930&sourceid=1237 >