§ 52-1-1. Short Title
This article shall be known and may be cited as the “Protection of Tidewaters Act.” History. Code 1981, § 52-1-1 , enacted by Ga. L. 1992, p. 2317, § 1.
§ 52-1-10. 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 tidewaters of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet […]
§ 52-1-2. Legislative Findings and Declaration of Policy; Public Trust Doctrine for Tidewaters
The 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 […]
§ 52-1-3. Definitions
As used in this article, the term: “Board” means the Board of Natural Resources. “Commissioner” means the commissioner of natural resources. “Structure” means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any […]
§ 52-1-4. 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, § 52-1-4 , enacted by Ga. L. 1992, p. 2317, § 1.
§ 52-1-5. 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 […]
§ 52-1-6. 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 52-1-5 or Code Section 52-1-10 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing […]
§ 52-1-7. Seizure and Removal of Structures; Notice; Sale or Disposal
Whenever any order issued by the commissioner pursuant to Code Section 52-1-5 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 52-1-6 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the […]
§ 52-1-8. 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 littoral proprietor within this state, or any other citizen of this state. History. Code 1981, § 52-1-8 , enacted by Ga. L. 1992, p. 2317, § 1.
§ 52-1-9. 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 52-1-7, allow a reasonable period of time for the structure inhabitants […]