Title 52, Chapter 1, Section 2
( 52-1-2)
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 the state, except
where title in a private party can be traced to a valid Crown or
state grant which explicitly conveyed the beds of such tidewaters.
The General Assembly further finds that the State of Georgia, as
sovereign, is trustee of the rights of the people of the state to
use and enjoy all tidewaters which are capable of use for fishing,
passage, navigation, commerce, and transportation, pursuant to the
common law public trust doctrine. Therefore, the General Assembly
declares that the protection of tidewaters for use by the state and
its citizens has more than local significance, is of equal
importance to all citizens of the state, is of state-wide concern,
and, consequently, is properly a matter for regulation under the
police powers of the state. The General Assembly further finds and
declares that structures located upon tidewaters which are used as
places of habitation, dwelling, sojournment, or residence interfere
with the state's proprietary interest or the public trust, or both,
and must be removed to ensure the rights of the state and the people
of the State of Georgia to the use and enjoyment of such tidewaters.
It is declared to be a policy of this state and the intent of this
article to protect the tidewaters of the state by authorizing the
commissioner of natural resources to remove or require removal of
certain structures from such tidewaters in accordance with the
procedures and within the timetable set forth in this article. |