44-8-7. Rights of owners of land adjacent to or covered by navigable tidewaters.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Code section and shall not make tidewaters navigable.#
(b)
For all purposes, including, among others, the exclusive right to the oysters and clams but not other fish therein or thereon, the boundaries and rights of the owners of land adjacent to or covered in whole or in part by navigable tidewaters shall extend to the low-water mark in the bed of the water.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1902, p. 108, §§ 2, 3; Civil Code 1910, §§ 3636, 3637; Code 1933, §§ 85-1308, 85-1309; Ga. L. 1982, p. 3, § 44.

Cross references

Confirmation of tidewater titles, Ga. Const. 1983, Art. I, Sec. III, Para. III.

Law reviews

For note, “Regulation and Ownership of the Marshlands: The Georgia Marshlands Act,” see 5 Ga. L. Rev. 563 (1971). For article, “Public Rights in Georgia’s Tidelands,” see 9 Ga. L. Rev. 79 (1974). For comment on State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334 (1976), see 10 Ga. L. Rev. 1051 (1976). For article discussing State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334, cert. denied, 429 U.S. 830, 97 S. Ct. 90, 50 L. Ed. 2d 93 (1976) and Lines v. Ashmore, 236 Ga. 401, 224 S.E.2d 334 (1976), see 12 Ga. St. B.J. 201 (1976). For comment on State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334, cert. denied, 429 U.S. 830, 97 S. Ct. 90, 50 L. Ed. 2d 93 (1976), see 27 Mercer L. Rev. 1229 (1976). For a note discussing the historical aspects and current law concerning the state’s ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 32; merge action: carried; file SHA-256 02e72213893a.