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2018 Georgia Code 44-12-241 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-12-241 Case Law from Google Scholar Amendments to OCGA 44-12-241

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 6 FALLING PECANS

44-12-241. Pecans falling on public right of way - Ownership during harvest season; picking pecans from tree limbs without permission; penalty.

  1. When pecan trees are grown on private property and the branches of the trees extend over public roads, streets, or highway rights of way, any pecans falling from any such pecan trees onto the public rights of way shall be the property of the owner of the pecan trees until the end of the harvesting season; and it shall be unlawful for any person to remove the pecans from any public rights of way during the harvesting season without the permission of the owner of the trees.
  2. It shall be unlawful for any person, without the permission of the owner of pecan trees grown on private property, to pick or otherwise remove any pecans from the limbs or branches of the trees or to cause pecans to fall from the trees.
  3. Any person who violates this Code section shall be guilty of a misdemeanor.

(Ga. L. 1976, p. 272, §§ 1, 5; Ga. L. 1982, p. 3, § 44.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63 Am. Jur. 2d, Property, § 1.

C.J.S.

- 73 C.J.S., Property, § 24 et seq.

Cases Citing O.C.G.A. § 44-12-241

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Villanueva v. First Am. Title Ins., 292 Ga. 630 (Ga. 2013).

Cited 16 times | Published | Supreme Court of Georgia | Mar 18, 2013 | 740 S.E.2d 108, 2013 Fulton County D. Rep. 602

...letter transferred to First American Homecomings’s right of action in addition to its rights of recovery (313 Ga. App. at 167), but disagreeing with Villanueva’s assertion that a legal malpractice claim is never assignable. Recognizing that OCGA § 44-12-241 states that a right of action is assignable if it involves a property right but not when it is for personal torts or for injuries arising from fraud, the Court of Appeals concluded that a legal malpractice claim may be assignable under O...