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Call Now: 904-383-7448The 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.)
- 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).
- 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).
Total Results: 7
Court: Supreme Court of Georgia | Date Filed: 2006-05-17
Citation: 630 S.E.2d 382, 280 Ga. 525, 2006 Fulton County D. Rep. 1548, 2006 Ga. LEXIS 348
Snippet: of such tidewaters. (Emphasis supplied.) OCGA § 52-1-2. The definition of "tidewaters" includes the sea
Court: Supreme Court of Georgia | Date Filed: 1999-11-22
Citation: 524 S.E.2d 455, 271 Ga. 726, 99 Fulton County D. Rep. 4106, 1999 Ga. LEXIS 1029
Snippet: as well as statutory intent provided by OCGA § 52-1-2,[19] which also provides guidance as to the structures
Court: Supreme Court of Georgia | Date Filed: 1969-06-12
Citation: 169 S.E.2d 290, 225 Ga. 436
Snippet: Atlanta, Georgia, and Nashville, Tennessee, tractor, 52 1/2%, tractor and trailer, 70%." This language continues
Court: Supreme Court of Georgia | Date Filed: 1949-01-10
Citation: 51 S.E.2d 451, 204 Ga. 638, 1949 Ga. LEXIS 468
Snippet: the plaintiffs and the defendants, ranging from 52-1/2 feet to 284-1/2 feet. After the allowance of the
Court: Supreme Court of Georgia | Date Filed: 1945-09-05
Citation: 35 S.E.2d 440, 199 Ga. 811, 1945 Ga. LEXIS 372
Snippet: the spring in the direction of the Oconee River S 52 1/2 W 660; thence S 82 1/2 W 108; thence N 81 W 273;
Court: Supreme Court of Georgia | Date Filed: 1932-09-14
Citation: 175 Ga. 689, 165 S.E. 601, 1932 Ga. LEXIS 308
Snippet: net, F. 0. B. Atlanta, for Block numbers and from 52-1/2$ to 56$ net, Atlanta, for special or Cooper numbers
Court: Supreme Court of Georgia | Date Filed: 1931-02-21
Citation: 172 Ga. 313, 157 S.E. 696, 1931 Ga. LEXIS 84
Snippet: to the widow of Ed B. Bell there still remained 52-1/2 acres of the original 105 acres which had been