Section 36-72-8. Issues considered in decision on application for permit

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

   (1) The presumption in favor of leaving the cemetery or burial ground undisturbed;

   (2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;

   (3) The economic and other costs of mitigation;

   (4) The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;

   (5) The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and

   (6) Any other compelling factors which the governing authority deems relevant.

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