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2018 Georgia Code 12-3-82 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-3-82 Case Law from Google Scholar Amendments to OCGA 12-3-82

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

ARTICLE 3 HISTORIC AREAS

12-3-82. Permits and authorization to contract for investigation, survey, or recovery operations; renewal and revocation of permits.

  1. Any person desiring to conduct investigation, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation.
  2. If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource. No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the investigation, survey, protection, preservation, or recovery of other related underwater cultural resources.
  3. Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.
  4. A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52.
  5. The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate.

(Code 1981, §12-3-82, enacted by Ga. L. 1985, p. 906, § 4; Ga. L. 1988, p. 945, § 3; Ga. L. 2005, p. 632, § 1/SB 283.)

JUDICIAL DECISIONS

Neither O.C.G.A. § 12-3-81 nor O.C.G.A. § 12-3-82(a) are unconstitutional because the statutes do not impinge on federal salvage law and the statutes are not preempted by federal salvage law. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 584 F. Supp. 2d 1367 (S.D. Ga. 2008), aff'd, 594 F.3d 1330 (11th Cir. Ga. 2010).

Statute does not grant "actual possession".

- Constructive possession of submerged logs, as claimed by intervenor state under O.C.G.A. §§ 12-3-81 and12-3-82, was an insufficient interest in the logs to permit the state to assert the state's sovereign immunity to bar plaintiff salvor's suit under U.S. Const., amend. XI; the state did not have possession so as to defeat admiralty jurisdiction due to Eleventh Amendment immunity. Aqua Log, Inc. v. Lost & Abandoned Pre-cut Logs & Rafts of Logs, 632 F. Supp. 2d 1342 (M.D. Ga. 2008).

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