Waiver of immunity.

- This state has waived immunity under U.S. Const., amend. 11 in establishing the Georgia Ports Authority. Hodges v. Tomberlin, 510 F. Supp. 1280 (S.D. Ga. 1980).

O.C.G.A. § 52-2-4 is not a venue provision authorizing suit against the Georgia Ports Authority in all courts of the state; it is merely a waiver of governmental immunity by which the Ports Authority consents to the filing of a suit in the proper forum. Marine Port Terms. v. Georgia Ports Auth., 180 Ga. App. 380, 348 S.E.2d 896 (1986).

The "sue and be sued" language in O.C.G.A. § 52-2-4 is insufficient to waive governmental immunity, and there is nothing in the law covering the Georgia Ports Authority that could be construed as providing that immunity is waived. Miller v. Georgia Ports Auth., 217 Ga. App. 876, 460 S.E.2d 100 (1995), aff'd, 266 Ga. 586, 470 S.E.2d 426 (1996).

Torts Claims Act, O.C.G.A. § 50-21-20 et seq., applies to the Georgia Ports Authority as sovereign immunity applies thereto. Miller v. Georgia Ports Auth., 217 Ga. App. 876, 460 S.E.2d 100 (1995), aff'd, 266 Ga. 586, 470 S.E.2d 426 (1996).

Legislation creating the state port authority, despite one federal trial court opinion to the contrary, did not waive the state's Eleventh Amendment immunity, and, thus, the trial court erred in denying the state port authority's motion to dismiss the injured worker's maritime tort action against the state port authority, and the ship owner's claim for contribution and indemnity against it. Ga. Ports Auth. v. Andre Rickmers Schiffsbeteiligungsges mbH & Co. K.G., 262 Ga. App. 591, 585 S.E.2d 883 (2003).

Longshoreman's personal injury suit against the Georgia Ports Authority was controlled by admiralty law, which preempted the Authority's state-conferred immunity under the Georgia Constitution, as well as any state-imposed procedural requirements, and, under the Eleventh Amendment, the Authority was not immune as an "arm of the state" because it was self-sufficient and was not intertwined with the state's treasury, and state law and state control of the Authority, while mixed, indicated the Authority was not immune under the Eleventh Amendment. Hines v. Ga. Ports Auth., 278 Ga. 631, 604 S.E.2d 189 (2004).

Punitive damages award void.

- Award of punitive damages against the Georgia Ports Authority was against Georgia public policy and was impermissible as a matter of law and void. Georgia Ports Auth. v. Hutchinson, 209 Ga. App. 726, 434 S.E.2d 791 (1993).

Exemption from requirements of Coastal Marshlands Protection Act.

- Because the Georgia Ports Authority created by O.C.G.A. § 52-2-4 was, at time of enactment of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12 (Coastal Marshlands Protection Act), empowered and charged with responsibility of development and improvement of rivers and seaports of this state, as a general matter, it is exempt from requirements of that part. 1981 Op. Att'y Gen. No. 81-85.

While the Georgia Ports Authority is generally exempt from provisions of O.C.G.A. Pt. 4, Art. 4, Ch. 5, T. 12, the Authority must obtain prior written approval of the Coastal Marshlands Protection Committee for any proposed alteration of marshlands adjacent to Colonels Island which were conveyed to the Georgia Ports Authority pursuant to Ga. L. 1973, p. 747. 1981 Op. Att'y Gen. No. 81-85.