All the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets within the jurisdiction of the State of Alabama are the property of the State of Alabama to be held in trust for the people thereof, but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the waters in front of their land to the distance of 600 yards from the shore measured from the average low water mark, but where the distance from shore to shore is less than 1,200 yards, the owners of either shore may plant and gather to a line equidistant between the two shores, but no person shall plant in any natural channel so as to interfere with navigation. The respective owners shall plant within lines extended into the water from points where the boundaries intersect the shore, as nearly as practicable, with a mean width corresponding with their respective frontages on the shore, but should the lines thus extended cross each other or seriously interfere with obtaining such mean width, then a line equidistant from the shore lines of the respective owners shall be the boundary between such planting grounds. No riparian right shall vest in any person to any part of the natural and public reefs; provided, that the Department of Conservation and Natural Resources shall have authority to regulate the time, manner, means or place or places for planting oysters or oyster shells.
(Code 1896, §3155; Code 1907, §1581; Acts 1915, No. 107, p. 145, §1; Code 1923, §2724; Acts 1936-37, Ex. Sess., No. 169, p. 192, §2; Code 1940, T. 8, §113.)
Notes of Decisions
Portersville Bay Oyster Co. v. Blankenship, 275 So. 3d 124 (Ala. 2018).
· cites it 5× “Ala. Code 1975 § 9-12-22 provides that the beds and bottoms of various bodies of water, including bays, are the property of the State of Alabama, 'but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the…”
Schramm v. Spottswood, 109 So. 3d 154 (Ala. 2012).
· cites it 2× “2 On January 9, 2012, the Spottswoods filed a motion asking the trial court to amend its February 27, 2007, order setting the riparian boundaries for the water in front of their lot because, they argued, pursuant to § 9-12-22, Ala.Code 1975, they were entitled to grow and…”
Kuppersmith v. South Alabama Seafood Ass'n, 627 So. 2d 401 (Ala. Civ. App. 1992).
· cites it 4× “They claim that the trial court misapplied the provisions of §§ 9-12-22 and -23 and misapplied the statutory scheme contemplated in § 9-12-23 to the facts of this case.”
Portersville Bay Oyster Co. v. Blankenship, 275 So. 3d 124 (Ala. 2018).
· cites it 5× “Ala. Code 1975 § 9-12-22 provides that the beds and bottoms of various bodies of water, including bays, are the property of the State of Alabama, 'but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the…”
Kuppersmith v. South Alabama Seafood Ass'n, 627 So. 2d 406 (Ala. 1993).
“The defendants Kuppersmith and Johnson claimed that the areas subject to the lease contain only man-made oyster reefs and that the lease of those areas between private individuals is not prohibited by law; rather, say defendants Kuppersmith and Johnson, pursuant to § 9-12-22,…”
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