§ 52-1-30. Short Title

This article shall be known and may be cited as the “Right of Passage Act.” History. Code 1981, § 52-1-30 , enacted by Ga. L. 1992, p. 2317, § 1.

§ 52-1-31. Legislative Findings and Declaration of Policy

The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that […]

§ 52-1-32. Definitions

As used in this article, the term: “Board” means the Board of Natural Resources. “Commissioner” means the commissioner of natural resources. “Navigable stream or river” means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. […]

§ 52-1-33. Declaration of Public Nuisance

The existence of a structure as defined in this article is declared to be a public nuisance and unlawful. History. Code 1981, § 52-1-33 , enacted by Ga. L. 1992, p. 2317, § 1.

§ 52-1-34. Order for Removal of Structures; Service and Posting of Order

Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed “TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.” The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure […]

§ 52-1-35. Hearings and Review

Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-34 or Code Section 52-1-39 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing […]

§ 52-1-36. Seizure and Removal of Structures; Notice; Sale or Disposal

Whenever any order issued by the commissioner pursuant to Code Section 52-1-34 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-35 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the […]

§ 52-1-37. Remedies Not Exclusive

Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any riparian owner within this state, or any other citizen of this state. Further, nothing in this article shall be construed as limiting any right that the state […]

§ 52-1-38. Allowance of Time for Finding New Residence

In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-36, allow a reasonable period of time for the structure inhabitants […]

§ 52-1-39. Issuance of Permit; Term; Revocation

The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, however, that no permit shall be issued for any structure which does […]