2021 Georgia Code
Title 44 - Property
Chapter 8 - Water Rights
§ 44-8-7. Rights of Owners of Land Adjacent to or Covered by Navigable Tidewaters
- A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Code section and shall not make tidewaters navigable.
- For all purposes, including, among others, the exclusive right to the oysters and clams but not other fish therein or thereon, the boundaries and rights of the owners of land adjacent to or covered in whole or in part by navigable tidewaters shall extend to the low-water mark in the bed of the water.
(Ga. L. 1902, p. 108, §§ 2, 3; Civil Code 1910, §§ 3636, 3637; Code 1933, §§ 85-1308, 85-1309; Ga. L. 1982, p. 3, § 44.)
Cross references.- Confirmation of tidewater titles, Ga. Const. 1983, Art. I, Sec. III, Para. III.
Law reviews.- For article, "Public Rights in Georgia's Tidelands," see 9 Ga. L. Rev. 79 (1974). For article discussing State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334, cert. denied, 429 U.S. 830, 97 S. Ct. 90, 50 L. Ed. 2d 93 (1976) and Lines v. Ashmore, 236 Ga. 401, 224 S.E.2d 334 (1976), see 12 Ga. St. B.J. 201 (1976). For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. L. Rev. 563 (1971). For a note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983). For comment on State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334 (1976), see 10 Ga. L. Rev. 1051 (1976). For comment on State v. Ashmore, 236 Ga. 401, 224 S.E.2d 334, cert. denied, 429 U.S. 830, 97 S. Ct. 90, 50 L. Ed. 2d 93 (1976), see 27 Mercer L. Rev. 1229 (1976).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Rights to Tidal Waters
- Navigability of Tidal Waters
The boundaries of tidewater lands owned by the state extend to the low-water mark in contrast to either the point of high water or mean water. 1965-66 Op. Att'y Gen. No. 66-49.
Boundaries extend three miles when state not compared with tidewater landowners.- If the state is classed with all of the other owners of tidewater land, the boundaries of its property clearly extend to the low-water mark or encompass generally the entire tidewater bed; on the other hand, when the state's unique position as local political sovereign is taken into consideration, its rights of ownership extend far beyond this point for an additional three miles out to sea. 1965-66 Op. Att'y Gen. No. 66-49.
Person with nonexclusive title to marsh may not impede public enjoyment.- In the unlikely event that one should establish a title to marshland, such person could not use the property in such a way as to impede the public right of enjoyment thereof unless the grant to the marshland expresses a full relinquishment of all public rights. 1970 Op. Att'y Gen., Position Paper, 3-23-70.
Ownership of harvesting rights.- Where shellfish harvesting is proposed for the subtidal (below low water mark) areas of tidal creeks and rivers which are inlets of the ocean, sounds, or navigable rivers, such areas are not "nonnavigable tidewaters" within the meaning of the 1902 Act, and, as a result, the beds of such tidewaters continue to be owned by the state. 1985 Op. Att'y Gen. No. 85-16.
The state owns the harvesting rights to shellfish occurring in intertidal areas of marsh islands which contain no high ground since there must be adjacent high ground for O.C.G.A. §§ 44-8-6 through44-8-8 to have any effect. 1985 Op. Att'y Gen. No. 85-16.
The owner of the adjacent property owns the harvesting rights to shellfish occurring in intertidal areas adjacent to high ground. 1985 Op. Att'y Gen. No. 85-16.
RESEARCH REFERENCES
Am. Jur. 2d.
- 78 Am. Jur. 2d, Waters, §§ 60, 269, 274, 275, 375, 381, 386, 387, 391, 398.
C.J.S.- 65 C.J.S., Navigable Waters, §§ 1 et seq., 88, 103, 105.
ALR.
- Right of owner of upland to make a use, not connected with navigation, of the shore between high and low water mark, which excludes the general public, 10 A.L.R. 1053; 107 A.L.R. 1347.
Right of grantor of railroad right of way or his privy to recover damages for interference with surface water by construction of road, 19 A.L.R. 487.
Right to drain surface water into natural watercourse, 28 A.L.R. 1262.
Periodical, seasonal, or intermittent stream as a watercourse, 40 A.L.R. 839.
Riparian or littoral owner's right of view over navigable water, 52 A.L.R. 1186.
Right of riparian owner on navigable water to access to water, 89 A.L.R. 1156.
Right of riparian owner to continuation of periodic and seasonal overflows from stream, 20 A.L.R.2d 656.
Right of public to fish in stream notwithstanding objection by riparian owner, 47 A.L.R.2d 381.
Right of public in shore of inland navigable lake between high- and low-water marks, 40 A.L.R.3d 776.
Riparian owner's right to new land created by reliction or by accretion influenced by artificial condition not produced by such owner, 63 A.L.R.3d 249.
