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…
O.C.G.A. § 52-2-1 Short title
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This chapter may be cited as the ‘‘Georgia Ports Authority Act.’’ History. — Ga. L. 1945, p. 464, § 1.
O.C.G.A. § 52-2-10 OUTBOARD MOTORS
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Capacity plates. Information to be marked on. Watercraft designed for use without outboard motor, §52-7-42. Flame arrester for carburetor. Required equipment for vessels, §52-7-8. OYSTERS AND CLAMS —Cont’d Intracoastal waterway —Cont’d Lease of property for cultivation and gather…
O.C.G.A. § 52-2-11 Trusts
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Management. Trustee’s powers, §53-12-261. Transfer of property in trust. Recordation of instrument of conveyance required, §53-12-25. Validity, law determining, §53-12-4. Wills. Muniments of title. Wills probated or established in another state, §53-5-35. Year’s support. Awarding…
O.C.G.A. § 52-2-14 MEDICAL EXAMINERS
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Boats and other watercraft. Investigation of boating accidents, §52-7-12. MENACE.
O.C.G.A. § 52-2-17 Revenue bonds — Signatures; seal
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In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupons ceases to be such officer before the delivery of the bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in of…
O.C.G.A. § 52-2-2 Definitions
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As used in this chapter, the term: (1) ‘‘Authority’’ means the Georgia Ports Authority created by Code Section 52-2-4. (2) ‘‘Bonds’’ or ‘‘revenue bonds’’ means any bonds issued by the authority under this chapter, including refunding bonds. (3) ‘‘Cost of the project’’ means the c…
O.C.G.A. § 52-2-21 MOORED VESSELS
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Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. Speed restrictions on vessels operating within certain distance, §§52-7-14, 52-7-18. MUTUAL WILLS, §§53-4-30 to 53-4-33. N MORTGAGES. Canal companies. Canal and other properties, §52-4-14. Year’s support.…
O.C.G.A. § 52-2-22 Confirmation of bonds, §52-2-30
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Contract. Bonds to constitute, §52-2-27. Coupon form. Issuance in, §52-2-19. Debt of state. Bonds not to constitute, §52-2-24. Defined, §52-2-2. Denominations, §52-2-16. Deposits. Bonds as securities for deposits, §52-2-29. Destroyed bonds.
O.C.G.A. § 52-2-23 STATUTE OF LIMITATIONS
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Administration of estates. Missing persons and persons believed to be dead. Recovery of property by missing individual, §53-9-6. Breach of trust. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12…
O.C.G.A. § 52-2-25 Revenue bonds — Securing of bonds by trust indenture
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In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust ind…
O.C.G.A. § 52-2-27 Revenue bonds — Protection of rights of bondholders
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While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of suc…
O.C.G.A. § 52-2-28 Revenue bonds — Revenue refunding bonds
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The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue re…
O.C.G.A. § 52-2-29 Destroyed bonds
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Replacement, §52-2-21. Form of bonds, §52-2-16. Georgia financing and investment commission. Approval of bond issues, §52-2-23. Impairment of rights of bondholders prohibited, §52-2-27. Interest. Determination of rate, §52-2-15. Interim receipts and certificates. Issuance, §52-2-21…
O.C.G.A. § 52-2-30 Rules and regulations, §52-2-7
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Projects, §52-2-33. Sales. Certain buildings or facilities, §52-2-3. Property of authority, §52-2-11. Status, §52-2-4. Taxation. Exemption from taxation. Covenant with bondholders as to tax-exempt status, §52-2-37. Revenue bonds. Exemption, §52-2-18. 1019 INDEX GEORGIA PORTS AUTH…
O.C.G.A. § 52-2-31 Legislative declaration
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Public purpose, §52-2-37. Local port authorities. Members eligible for membership, §52-2-8. Medical depot site.
O.C.G.A. § 52-2-32 Delegation, §52-2-7
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Medical depot site, §52-2-14. Revenue bonds, §§52-2-9, 52-2-15. Projects. Defined, §52-2-2. Facilities acquired by authority. Inclusion in projects, §52-2-3. Leased facilities. Inclusion in projects, §52-2-3. Rules and regulations for operation, §52-2-33. Self-liquidating projects…
O.C.G.A. § 52-2-33 Self-liquidating projects
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Which projects deemed, §52-2-3. Property. Powers of authority as to, §52-2-9. 1018 INDEX GEORGIA PORTS AUTHORITY —Cont’d Property —Cont’d Sale and other disposition, §52-2-11. Qualifications of members, §52-2-5. Local port authorities. Members ineligible for membership, §52-2-8. R…
O.C.G.A. § 52-2-35 Revenue bonds
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Bonds to constitute contract with bondholders, §52-2-27. Use of projects, §52-2-31. Contributions. Acceptance, §52-2-34. Trust funds. Status of moneys received, §52-2-36. Conveyances. Medical depot site. Conveyance to authority, §52-2-14. Creation, §52-2-4. Public purpose, §52-2-…
O.C.G.A. § 52-2-38 Construction of chapter
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This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. — Ga. L. 1945, p. 464, § 18. 52-2-39. Supplemental nature of chapter.
O.C.G.A. § 52-2-39 Personal watercraft
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Speed restrictions when operating close to, §52-7-8.2. WHISTLES. Boats. Required equipment, §52-7-8. WIDOWS. Year’s support, §§53-3-1 to 53-3-21. WILLS, §§53-4-1 to 53-4-74. Ademption. Specific gift, §53-4-66. Adoption of child by testator. Revocation of will, §53-4-48. Advanced a…
O.C.G.A. § 52-2-6 Compensation of members and reimbursement for expenses
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The members of the authority shall be compensated in the amount of $40.00 per day, plus actual expenses incurred, for each day’s service spent in the performance of the duties of the authority. Such compensation shall be limited to 150 days for the chairman and 60 days for each o…
O.C.G.A. § 52-2-7 Ordinances
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Dock-related city ordinances. Enforcement by security guards, §52-2-10. Peace officers.
O.C.G.A. § 52-2-8 Eligibility for membership
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No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or who shall thereafter become a member of any local port authority of any city, town, county, or district. History. — Ga. L. 1949, p. 778, § 2; Ga. L. 1955, p. …
O.C.G.A. § 52-2-9 Powers of authority generally
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The authority shall have the following powers: (1) To have a seal and alter the same at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it m…
O.C.G.A. § 52-3-1 Purpose of chapter
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It is the intent and purpose of this chapter to provide for the construction and maintenance by the United States government of the intracoastal waterway and its salt-water tributaries, hereinafter referred to as the intracoastal waterway, from the state boundary line in the Sava…
O.C.G.A. § 52-3-12 WATER RESOURCES
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Canal companies. General provisions, §§52-4-1 to 52-4-16. Discharge of substances dangerous to navigation or property, §§52-8-1 to 52-8-5. Attachment and replevy of vessels, §52-8-3. Forfeitures, §52-8-1.
O.C.G.A. § 52-3-4 Exercise of power, §52-3-5
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Gifts and donations. Receipt and use, §52-3-7. Rights of way. Cooperation with federal government in acquiring, §52-3-4. Entry of lands in order to locate rights of way, §52-3-11. Oysters. Lease of property for cultivation and gathering. Procedure where property required for righ…
O.C.G.A. § 52-3-5 Exercise of power of eminent domain
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If for any reason the Department of Transportation is unable to secure any such property or rights required by the United States government for the construction and maintenance of the intracoastal waterway from the Savannah River to Cumberland Sound by voluntary 43 52-3-5 WATERS …
O.C.G.A. § 52-3-6 Seal; election of officers
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Reserved. Repealed by Ga. L. 1981, p. 1017, § 2, effective April 9, 1981. Editor’s notes. — This Code section was based on Ga. L. 1939, p. 331, § 2. Ga. L. 2011, p. 752, § 53/HB 142, re- served the designation of this Code section, effective May 13, 2011. 52-3-7. Right of Departm…
O.C.G.A. § 52-3-7 DOWER
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Abolished, §53-1-3. DREDGING. Navigation channels within tidal inlets, harbors and rivers. Policy of state, disposition of sand and sediment, §§52-9-1, 52-9-2. DRUGS. Aquaplanes. Operation while under influence of drugs, §52-7-12.1. Boats and other watercraft. Operation of boats w…
O.C.G.A. § 52-3-9 Claims for damages to oysters
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Any person, firm, or corporation or their heirs, executors, administrators, successors, or assigns who may be compensated for damages to oysters during construction of the intracoastal waterway shall be estopped from making further claims for damage to oysters in or upon the same …
O.C.G.A. § 52-4-1 Stock and stockholders
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Increase or decease of capital stock, §52-4-9. CANAL COMPANIES —Cont’d Stock and stockholders —Cont’d Personal liability of stockholders, §52-4-6. Subscription for capital stock.