O.C.G.A.
O.C.G.A. § 52-1-1 (2019)
Short title
✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This article shall be known and may be cited as the ‘‘Protection of Tidewaters Act.’’
History
Code 1981, § 52-1-1, enacted by Ga. L. 1992, p. 2317, § 1.
Annotations
Law reviews. - For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 354 (1992).
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1999–2024 · leading case: Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999).
Rouse v. Dep't of Nat. Resources, 524 S.E.2d 455 (Ga. 1999). “28 Accordingly, Rouse has no protectible property interest that would permit him to maintain his structures on public tidewaters, and his claim that enforcing the Act against him constitutes an unconstitutional taking of property without just and adequate compensation is…”
Kelso v. Baxter, 665 S.E.2d 381 (Ga. Ct. App. 2008). “See Protection of Tidewaters Act, OCGA §§ 52-1-1 to 52-1-20. 4 The parties do not dispute that this portion of the Sapelo River and the surrounding marsh would be considered a navigable tidewater.”
State of Georgia v. Nofree, LLC, No. A24A0970 (Ga. Ct. App. Nov. 1, 2024). “A24A0670, the State argues that the trial court erred by denying its motion for summary judgment because the Shuman grant was void for a number of reasons and did not vest title in NoFree in light of the Protection of Tidewaters Act, OCGA § 52-1-1, et seq.”
State of Georgia v. Nofree, LLC, 909 S.E.2d 852 (Ga. Ct. App. 2024). “A24A0970, the State argues that the trial court erred by denying its motion for summary judgment because the Shuman grant was void for a number of reasons and did not vest title in NoFree in light of the Protection of Tidewaters Act, OCGA § 52-1-1, et seq.”
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