Title 52 — Title 52
0 chapters · 156 sections in this title.
O.C.G.A. § 52-1-1 Short title
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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. 52-1-2. Legislative findings and declaration of policy; public trust doctrine for tidewaters. The General Assembly finds and d…
O.C.G.A. § 52-1-10 Issuance of permit; term; revocation
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(a) 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…
O.C.G.A. § 52-1-3 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Commissioner’’ means the commissioner of natural resources. (3) ‘‘Structure’’ means any structure located upon any tidewaters of this state, whether such structure is floating upon such ti…
O.C.G.A. § 52-1-30 Short title
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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.
O.C.G.A. § 52-1-31 Legislative findings and declaration of policy
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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 p…
O.C.G.A. § 52-1-32 Definitions
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As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Commissioner’’ means the commissioner of natural resources. (3) ‘‘Navigable stream or river’’ means a stream or river which is capable of transporting boats loaded with freight in the reg…
O.C.G.A. § 52-1-33 Declaration of public nuisance
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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. 9 52-1-34 WATERS OF STATE, PORTS & WATERCRAFT 52-1-34 52-1-34. Order for removal of structures; service …
O.C.G.A. § 52-1-35 Hearings and review
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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 orde…
O.C.G.A. § 52-1-36 Seizure and removal of structures; notice; sale or disposal
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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 …
O.C.G.A. § 52-1-37 Remedies not exclusive
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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…
O.C.G.A. § 52-1-38 Seizure, §52-1-36
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NAVIGATION COMPANIES, §§52-5-1 to 52-5-12. Adoption of chapter by certain companies and persons, §52-5-12. Affidavits. Petition for incorporation. Attachment of affidavit of incorporators, §52-5-2. Stock and stockholders. Increase of capital stock. Affidavit to be filed along with…
O.C.G.A. § 52-1-39 Issuance of permit; term; revocation
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(a) 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 12 52-1-39 navigable stream of the state; provided, however, that no pe…
O.C.G.A. § 52-1-4 Declaration of public nuisance
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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 determin…
O.C.G.A. § 52-1-5 Permits
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Issuance, §52-1-10. Term, §52-1-10. Removal, §52-1-7. Time for finding new residence, §52-1-9. TIDEWATERS —Cont’d Protection of tidewaters —Cont’d Structures —Cont’d Seizure, §52-1-7. Public trust doctrine, §52-1-2. TIMBER. Principal and income act. Allocation of receipts from sal…
O.C.G.A. § 52-1-6 Hearings and review
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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…
O.C.G.A. § 52-1-7 Seizure and removal of structures; notice; sale or disposal
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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 up…
O.C.G.A. § 52-1-8 Remedies not exclusive
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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.…
O.C.G.A. § 52-1-9 Allowance of time for finding new residence
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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…