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GA SB146
Bill
Status
2/9/2026
Primary Sponsor
Ricky Williams
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AI Summary
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Revises procedures for disinterment and reinterment permits, requiring consent from those with disposition rights, a disturbance permit under Chapter 72 of Title 36, or a court order before local registrars may issue such permits
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Strengthens requirements for disturbing abandoned cemeteries by expanding the definition of "abandoned cemetery" to include five specific criteria and requiring applications include an archeologist's report on grave locations and evidence the cemetery qualifies as abandoned
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Creates new permit requirements for establishing family burial plots effective July 1, 2026, mandating plots be on at least one-half acre, subject to perpetual access easements, surveyed by a registered land surveyor, and not located in flood plains or within 100 feet of water wells
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Establishes civil remedies allowing descendants to sue landowners who disturb cemeteries without permits, recover damages for mitigation costs, obtain injunctions, and recover attorney's fees; violations carry fines of at least $5,000 per grave site plus up to six months incarceration
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Creates new civil actions allowing descendants to seek court orders for entry onto private land to visit, maintain, or discover ancestral grave sites when landowners deny access
Legislative Description
Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide
Last Action
House Committee Favorably Reported
2/24/2026