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2018 Georgia Code 44-5-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-5-2 Case Law from Google Scholar Amendments to OCGA 44-5-2

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 1 GRANTS FROM STATE

44-5-2. How land in state held.

All realty in this state is held under the state as the original owner thereof. It is free from all rent or service and is limited only by the right of eminent domain which remains in the state.

(Orig. Code 1863, § 2200; Code 1868, § 2195; Code 1873, § 2221; Code 1882, § 2221; Civil Code 1895, § 3051; Civil Code 1910, § 3623; Code 1933, § 85-202.)

Cross references.

- State ownership of wildlife found in state, § 27-1-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 1 et seq., 20. 28 Am. Jur. 2d, Estates, § 7. 63A Am. Jur. 2d, Public Lands, §§ 3, 118 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 64 et seq.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 3, 21. 73B C.J.S., Public Lands, §§ 249, 250, 264 et seq. 81A C.J.S., States, § 263.

ALR.

- Right of public in shore of inland navigable lake between high- and low-water marks, 40 A.L.R.3d 776.

Cases Citing O.C.G.A. § 44-5-2

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Tdga, LLC. v. Cbira, LLC, 298 Ga. 510 (Ga. 2016).

Cited 8 times | Published | Supreme Court of Georgia | Feb 22, 2016 | 783 S.E.2d 107

...For purposes of clearing title to any piece of property, it is necessary to include a full consideration of the State’s rights, if any, because “title to all lands originates from . . . the state,” OCGA § 44-5-1, and “[a]ll realty in this state is held under the state as the original owner thereof.” OCGA § 44-5-2....
...unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants.” OCGA § 23-3-61 (emphasis added). As the Court’s opinion notes, all title to land in Georgia originates from the State, see OCGA §§ 44-5-1 and 44-5-2, so the State has a possible adverse claim of title that will be determined in virtually every action to quiet title against the world, and innumerable such actions also will involve tax claims of the State and its agencies and subdivisions...