CopyCited 27 times | Published | Supreme Court of Georgia | Nov 22, 1999 | 271 Ga. 726, 99 Fulton County D. Rep. 4106
...tidewaters, and his claim that enforcing the Act against him constitutes an unconstitutional taking of property without just and adequate compensation is therefore without merit. [29] Judgment affirmed. All the Justices concur. NOTES [1] See OCGA §§
52-1-1 to
52-1-10. [2] Ga. L.1992, 2317. [3] The term "structure" is defined by OCGA §
52-1-3(3). [4] The term "tidewaters" is defined by OCGA §
52-1-3(4). [5] OCGA §
52-1-5 sets forth the DNR's power to order the removal of such structures. [6] OCGA §
52-1-10(a)....
...ment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section
52-1-10....