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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 8. WATER RIGHTS

44-8-8. Exclusive appropriation of tidewaters.

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

  1. Nothing in Code Sections 44-8-6 and 44-8-7 shall be so construed as to authorize such an exclusive appropriation of any tidewater, navigable or nonnavigable, by any person as will prevent the free use of the same by other persons for the purposes of passage and for the transportation of such freights as may be capable of being carried thereon.

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, § 3; Civil Code 1910, § 3637; Code 1933, § 85-1309.

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, pages 35 to 36; merge action: carried; file SHA-256 02e72213893a.

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