ARTICLE 1 PROTECTION OF TIDEWATERS

52-1-2. Legislative findings and declaration of policy; public trust doctrine for tidewaters.

The General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the Crown of England and by the common law.The State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters.The General Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. Therefore, the General Assembly declares that the protection of tidewaters for use by the state and its citizens has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state.The General Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewaters.It is declared to be a policy of this state and the intent of this article to protect the tidewaters of the state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such tidewaters in accordance with the procedures and within the timetable set forth in this article.

(Code 1981, §52-1-2, enacted by Ga. L. 1992, p. 2317, § 1.)

Law reviews.

- For survey article on real property law, see 59 Mercer L. Rev. 371 (2007). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007).

JUDICIAL DECISIONS

Claim of private ownership not supported by illegible documents.

- Illegible and indecipherable documents did not support a claim of ownership to certain tidal marshland, and, pursuant to O.C.G.A. § 52-1-2, a trial court correctly ruled that the marshland at issue was owned by the State of Georgia. Black v. Floyd, 280 Ga. 525, 630 S.E.2d 382 (2006).

Cases Citing O.C.G.A. § 52-1-2

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Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999).

Cited 27 times | Published | Supreme Court of Georgia | Nov 22, 1999 | 271 Ga. 726, 99 Fulton County D. Rep. 4106

...We disagree with this contention, as we conclude that the phrase "means of transportation" has a commonly understood meaning, and needs no specific definition within the statute. Moreover, reviewing the definition of "structure" provided by § 52-1-3(3), as well as statutory intent provided by OCGA § 52-1-2, [19] which also provides guidance as to the structures that fall within the Act, it is clear that the Act applies to structures, meaning "something constructed or built," [20] (1) that "[are] being, or [have been] used or [are] capable of...

...the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. OCGA § 52-1-3(3). [18] Santana v. Ga. Power Co., 269 Ga. 127, 128, 498 S.E.2d 521 (1998). [19] OCGA § 52-1-2 provides as follows: The General Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the...

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Graham v. Phinizy, 51 S.E.2d 451 (Ga. 1949).

Cited 14 times | Published | Supreme Court of Georgia | Jan 10, 1949 | 204 Ga. 638

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Black v. Floyd, 630 S.E.2d 382 (Ga. 2006).

Cited 12 times | Published | Supreme Court of Georgia | May 17, 2006 | 280 Ga. 525, 2006 Fulton County D. Rep. 1548

...However, [t]he State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. (Emphasis supplied.) OCGA § 52-1-2....

...Thus, "[t]he soil between high-water mark and low-water mark was the property of the crown." Johnson v. State, 114 Ga. 790, 791, 40 S.E. 807 (1902). "As a result, the [S]tate [of Georgia] owns the [tide]water[s] bottoms up to the high water mark," unless, pursuant to OCGA § 52-1-2, a private party can trace his or her title back to an explicit conveyance thereof by a valid Crown or state grant....

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