reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-42 - Information to be marked on capacity plate

A capacity plate shall bear the following information, permanently marked thereon in such manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when the watercraft is in operation:
(1)
For all watercraft designed for or represented by the manufacturer as being suitable for use with an outboard motor:
(A)
The total weight of all persons, motor, gear, and other articles which the watercraft is capable of carrying with safety under normal conditions;
(B)
The recommended number of persons commensurate with the weight capacity of the watercraft and the presumed weight in pounds of each such person; but in no instance shall such presumed weight per person be less than 150 pounds;
(C)
Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be part of the total weight capacity; and
(D)
The maximum horsepower of the motor which the watercraft is designed or intended to accommodate.
(2)
For all other watercraft to which this article applies:
(A)
The total weight of all persons, gear, and other articles which the watercraft is capable of carrying with safety under normal conditions;
(B)
The recommended number of persons commensurate with the weight capacity of the watercraft and the presumed weight in pounds of each such person; but in no instance shall such presumed weight per person be less than 150 pounds; and
(C)
Clear notice that the information appearing on the capacity plate is applicable under normal conditions.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-43 - Determination of maximum capacity

The information relating to maximum capacity which is required to appear on capacity plates by Code Section
52-7-42
shall be determined in accordance with such methods and formulas as shall be prescribed by rules or regulations adopted by the Board of Natural Resources. In prescribing such methods and formulas, the Board of Natural Resources shall be guided by and give due regard to the necessity for uniformity in methods and formulas lawful for use in determining small watercraft capacity in the several states and to any methods and formulas which may be recognized or recommended by the United States Coast Guard or any successor agency.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-44 - Affixing of capacity plate by person other than vessel manufacturer; effect of such action on liability of manufacturer

Any person may affix a capacity plate to any watercraft to which this article applies and which does not have a capacity plate meeting the requirements of law affixed thereto by the manufacturer thereof in accordance with such rules and regulations as the Board of Natural Resources may prescribe. Such watercraft may thereafter be offered for sale in this state. However, no action pursuant to this Code section, or in the manner described herein, shall relieve any manufacturer from liability for failure to comply with the requirements of this article.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-45 - Information on capacity plate as constituting a warranty; nature of warranty

The information appearing on a capacity plate shall be deemed to be a warranty:
(1)
That the manufacturer or other person affixing a capacity plate as permitted by Code Section
52-7-44
has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the Board of Natural Resources;
(2)
That the information appearing on the capacity plate, with respect to maximum weight capacity and recommended number of persons, is the result of the application of such method and formula; and
(3)
With respect to information concerning horsepower limitations, that such information is not a deliberate or negligent misrepresentation.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-46 - Alternative compliance with article if affixing of capacity plate deemed impracticable or undesirable

If any watercraft which is required by this article to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer or other person having the responsibility for affixing the plate may represent such impracticability or undesirability in writing to the Department of Natural Resources. Upon determination by the Department of Natural Resources that such representation has merit and that a proper and effective substitute for the capacity plate, which will serve the same purpose, is feasible, the Department of Natural Resources may authorize such alternative compliance. Such alternative compliance shall thereafter be deemed compliance with the capacity plate requirements of this article.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-47 - Exemption of watercraft by rules and regulations of Board of Natural Resources

The Board of Natural Resources may, by rules and regulations, exempt any watercraft from the requirements of this article which it finds to be of such unconventional design or construction that the information required on capacity plates would not assist in promoting safety or that such information is not reasonably obtainable.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-48 - Promulgation of rules and regulations by Board of Natural Resources generally

The Board of Natural Resources is authorized to promulgate, issue, and amend rules and regulations necessary to carry out the purposes of this article.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-49 - Exemption of watercraft manufactured for personal use

Nothing contained within this article shall be construed so as to apply to any person who shall manufacture or construct a watercraft for his own personal use and so long as such watercraft remains the property of the person who manufactured or constructed such watercraft.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-50 - Applicability of article

This article shall apply to watercraft manufactured after January 1, 1972.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 2 - DISPLAYING OF WATERCRAFT INFORMATION (§§ 52-7-40 — 52-7-51) › Section 52-7-51 - Penalty

(a)
Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term "rules and regulations" means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2014.
(b)
Failure to affix a proper capacity plate shall constitute a separate violation for each watercraft with respect to which such failure occurs.
Amended by 2014 Ga. Laws 544,§ 4, eff. 5/1/2014.
Amended by 2013 Ga. Laws 26,§ 13, eff. 5/15/2013.
Amended by 2012 Ga. Laws 676,§ 30, eff. 5/1/2012.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-70 - Definitions

As used in this article, the term:
(1)
"Abandoned vessel" means a vessel:
(A)
Which has been left by the owner or some person acting for the owner with a vessel dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vessel is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
(B)
Which is left unattended upon or in any public water or at any port in this state without the consent of the agency having jurisdiction or docked at any private property without the consent of the owner of such property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such vessel unattended does not intend to return and remove such vessel;
(C)
Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;
(D)
Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vessel was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
(E)
Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.
(2)
"Owner" means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Natural Resources.
(3)
"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-72 - Authority of peace officer to cause removal of unattended vessels; notifications; duties

(a)
Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days, if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may cause such vessel to be removed to a garage or other place of safety.
(b)
Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property, when such vessel poses a threat to public health or safety, shall notify the Department of Natural Resources of such finding in accordance with subsection (d) of this Code section and may immediately cause such vessel to be removed to a garage or other place of safety.
(c)
Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d)
(1)
Any peace officer who finds a vessel under such conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of such finding:
(A)
Notify the Department of Natural Resources of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and
(B)
If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel.
If vessel information is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel.
(2)
If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel.
(3)
If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact.
Amended by 2020 Ga. Laws 512,§ 2, eff. 1/1/2021.
Amended by 2007 Ga. Laws 37,§ 3, eff. 5/14/2007.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-73 - Lien on vessel; foreclosure in courts competent to hear civil cases

(a)
Any person who removes or stores any vessel which is or becomes an abandoned vessel shall have a lien on such vessel for the reasonable fees connected with such removal or storage plus the cost of any advertisement. Prior to acquiring such lien, the person must have complied with the requirements of Code Section
52-7-71
.
(b)
The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-75 - Public sale of vessel; disposition of excess proceeds

(a)
(1)
As used in this subsection, the term "public sale" means a sale:
(A)
Held at a place reasonably available to persons who might desire to attend and submit bids;
(B)
At which those attending shall be given the opportunity to bid on a competitive basis;
(C)
At which the sale, if made, shall be made to the highest and best bidder; and
(D)
Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 9:00 A.M. and 5:00 P.M., and the place of sale and shall briefly identify the goods to be sold.
(2)
Upon order of the court, the person holding the lien on the abandoned vessel shall be authorized to sell such vessel at public sale.
(b)
After satisfaction of the lien, the person selling such vessel shall turn the remaining proceeds of such sale, if any, over to the clerk of the court.
Amended by 2015 Ga. Laws 167,§ 3C-6, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-76 - Issuance of certificate of title

The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such vessel by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Natural Resources. The Department of Natural Resources shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 7 - REGISTRATION, OPERATION, AND SALE OF WATERCRAFT (§§ 52-7-1 — 52-7-77) › Article 3 - ABANDONED VESSELS (§§ 52-7-70 — 52-7-77) › Section 52-7-77 - Payment of balance remaining after satisfaction of liens, security interests, and debts

The clerk of the court shall retain the remaining balance of the proceeds of a sale conducted under Code Section
52-7-75
, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned vessel or any interested party, then he shall pay such remaining balance as follows:
(1)
If the abandoned vessel came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;
(2)
If the abandoned vessel came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;
(3)
If the abandoned vessel came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made; or
(4)
If the abandoned vessel came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 8 - DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY (§§ 52-8-1 — 52-8-5) › Section 52-8-1 - Throwing stone, gravel, or other ballast into navigable waters

Any master of a vessel or watercraft who shall throw or permit to be thrown any stone, gravel, or other ballast from on board the vessel or watercraft into any of the waters of any bay or harbor of this state or within three miles of the outside bar of any such bay or harbor shall forfeit a sum not less than $500.00 nor more than $2,000.00 for each such offense. One-half of the forfeiture shall be paid to the person who first gives information of the offense to the Board of Pilotage Commissioners and the other half shall be paid to the use of the commissioners of the harbors, respectively, for improvement of navigation. In addition, any such master may be punished by imprisonment for not over three months, in the discretion of the court.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 8 - DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY (§§ 52-8-1 — 52-8-5) › Section 52-8-2 - Duty of pilots to report unlawful discharge of stone, gravel, or other ballast into bays and harbors

Every pilot having knowledge of the discharge of any stone, gravel, or other ballast in any bay or harbor of this state, or within three miles of the outside bar of any such bay or harbor, as specified in Code Section
52-8-1
, must give information thereof to the Board of Pilotage Commissioners as soon as practicable; and, upon his failure to do so, such pilot shall be deprived of his license and shall be forever disqualified for the office of pilot.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 8 - DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY (§§ 52-8-1 — 52-8-5) › Section 52-8-3 - Recovery of forfeiture; attachment and replevy of vessels

Upon receipt by the Board of Pilotage Commissioners of satisfactory evidence of the offense specified in Code Section
52-8-1
, it shall be the duty of the board to proceed to recover the forfeiture provided for in that Code section by process of attachment in the name of the state, which may be issued as other attachments on the oath of the informer or of one of the commissioners and may be levied on the vessel from which the offense was committed. The vessel may be replevied by the master, owner, or consignee by giving bond, payable to the state, in double the amount of the penalty, with the condition to have the vessel forthcoming to satisfy such judgment as may be rendered in the action.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 8 - DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY (§§ 52-8-1 — 52-8-5) › Section 52-8-4 - Power of municipalities to prohibit throwing or depositing of substances which might lessen depth of navigable waters

The corporate authorities of any municipality in this state are authorized, within their respective jurisdictions, to prohibit, under proper penalties, the throwing or depositing in navigable waters of any substance of any nature or kind which might in any degree lessen the depth of navigable water within the jurisdictional limits of such municipalities.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 8 - DISCHARGE OF SUBSTANCES DANGEROUS TO NAVIGATION OR PROPERTY (§§ 52-8-1 — 52-8-5) › Section 52-8-5 - Power of municipalities to prohibit throwing or depositing of substances dangerous to navigation or injurious to vessels

The corporate authorities of any municipality in this state are authorized, within their respective jurisdictions, to prohibit under proper penalties the throwing or depositing in navigable waters, of any substance which they might consider dangerous to navigation or injurious to vessels or to property abutting upon such navigable waters; and the master of any vessel from which any forbidden substance is thrown or deposited in violation of any ordinance promulgated under this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 9 - RIVER AND HARBOR DEVELOPMENT (§§ 52-9-1 — 52-9-2) › Section 52-9-1 - Projects for improving navigation channels

The General Assembly recognizes the need for maintaining navigation inlets, harbors, and rivers to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers, often alter the natural drift of sand resources within the littoral zone. This alteration can be exacerbated when the sand resources are deposited in designated upland or offshore disposal areas instead of being returned to the natural river-sand transport-beach system. This alteration can adversely impact natural resources, recreation, tourism, and associated coastal economies. Moreover, the General Assembly believes in the duties of government to protect life and property. Therefore, it is the policy of this state that there shall be no net loss of sand from the state's coastal barrier beaches resulting from dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers.
Amended by 2004 Ga. Laws 597,§ 1, eff. 7/1/2004.
Amended by 2002 Ga. Laws 753,§ 2, eff. 6/1/2003
2002 Ga. Laws 753,§ 2, provides that the act shall be known as the "Coastal Georgia Beach Preservation and Maintenance Act." .
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 9 - RIVER AND HARBOR DEVELOPMENT (§§ 52-9-1 — 52-9-2) › Section 52-9-2 - Disposal of sand and sediment originating from water navigation related projects

(a)
With regard to all sand that is suitable for beach replenishment originating from the dredging of navigation channels within tidal inlets, as well as the entrances to harbors and rivers:
(1)
Such sand shall be used to replenish the adjacent coastal beaches, if feasible, either by deposition of sand into the nearshore littoral zone or direct placement on affected beaches;
(2)
If such sand is placed elsewhere, then a quality and quantity of sand from an alternate location necessary to mitigate any adverse effects caused by the dredging shall be used to replenish affected coastal beaches; provided, however, that this paragraph shall apply only where beach replenishment is necessary to mitigate effects from the dredging and dredged material removal from the natural river-sand transport-beach system of a specific project and beach replenishment from another source is the least costly environmentally sound mitigation option;
(3)
The disposition of sand shall be completed in cooperation with and, when required by applicable state or federal law, with the approval of the local governing authority and the Department of Natural Resources according to the requirements of Part 2 of Article 4 of Chapter 5 of Title 12, the "Shore Protection Act"; and
(4)
All such activities shall provide protection to coastal marshlands as defined in paragraph (3) of Code Section
12-5-282
and to nesting sea turtles and hatchlings and their habitats.
(b)
The Department of Natural Resources and the party undertaking the dredging shall coordinate to determine the option under subsection (a) of this Code section for beach replenishment that is most beneficial to the adjacent or affected coastal beaches, including, where applicable, identifying an alternate source of sand for purposes of paragraph (2) of subsection (a) of this Code section, after taking into consideration environmental impacts and any limitation of applicable state and federal law.
Amended by 2005 Ga. Laws 19,§ 52, eff. 4/7/2005.
Amended by 2004 Ga. Laws 597,§ 1, eff. 7/1/2004.
Amended by 2002 Ga. Laws 753,§ 2, eff. 6/1/2003
2002 Ga. Laws 753 provides that the act shall be known as the "Coastal Georgia Beach Preservation and Maintenance Act."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 10 - FOREIGN TRADE ZONES (§§ 52-10-1 — 52-10-4) › Section 52-10-1 - "Public corporation" defined

As used in this chapter, "public corporation" means the State of Georgia or any political subdivision thereof, any public agency of this state or of any political subdivision thereof, or any public board, bureau, commission, or authority created by the General Assembly.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 10 - FOREIGN TRADE ZONES (§§ 52-10-1 — 52-10-4) › Section 52-10-2 - Application by public corporation to establish and operate foreign trade zone

Any public corporation of the State of Georgia, as that term is defined in Code Section
52-10-1
, is authorized to make application for the privilege of establishing, operating, and maintaining a foreign trade zone in accordance with an act of Congress approved June 18, 1934, entitled "An Act to provide for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 10 - FOREIGN TRADE ZONES (§§ 52-10-1 — 52-10-4) › Section 52-10-3 - Application by private corporation to establish and operate foreign trade zone

Any private corporation hereafter organized under the laws of this state for the purpose of establishing, operating, and maintaining a foreign trade zone in accordance with the act of Congress referred to in Code Section
52-10-2
is authorized to make application for the privilege of establishing, operating, and maintaining a foreign trade zone in accordance with the said act of Congress.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 10 - FOREIGN TRADE ZONES (§§ 52-10-1 — 52-10-4) › Section 52-10-4 - Authority to establish and operate foreign trade zone; conditions and restrictions of act of Congress

Any public or private corporation authorized by this chapter to make application for the privilege of establishing, operating, and maintaining a foreign trade zone, whose application is granted pursuant to the terms of the act of Congress referred to in Code Section
52-10-2
, is authorized to establish such foreign trade zone and to operate and maintain it, subject to the conditions and restrictions of said act of Congress and any amendments thereto and under such rules and regulations and for the period of time that may be prescribed by the board established by such act of Congress to carry out the provisions of such act.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-1 - Short title; effective date of provisions

(a)
This chapter and Chapters 2 through 11 of this title, as such chapters were enacted by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and as amended by an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), and as such chapters may be amended in the future, shall be known and may be cited as the "Revised Probate Code of 1998."
(b)
Except as otherwise provided by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective on January 1, 1998; provided, however, that no vested rights of title, year's support, succession, or inheritance shall be impaired.
Amended by 2011 Ga. Laws 245,§ 53, eff. 5/13/2011.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-3 - Dower and tenancy by curtesy

There is no right of dower or tenancy by curtesy in this state.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-4 - Effect on support obligation of use of income from estate or trust for support

Whenever income from an estate or trust is available for the benefit of an individual whose support is the legal obligation of another and the income is actually used for such individual's support, the legal obligation of the other to support the individual is reduced to the extent the income is actually used for such individual's support.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-5 - Right of individual who feloniously and intentionally kills or conspires to kill to inherit

(a)
An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent's estate, including, but not limited to, the right to recover under Code Sections
19-7-1
,
51-4-2
, or
51-4-4
, and to serve as a personal representative or trustee of the decedent's estate or any trust created by the decedent. For purposes of this Code section, the killing or conspiring to kill or procuring another to kill is felonious and intentional if the killing would constitute murder or felony murder or voluntary manslaughter under the laws of this state.
(b)
An individual who forfeits the right to take an interest from a decedent's estate by virtue of this Code section forfeits the right to take any interest such individual would otherwise take at the decedent's death by intestacy, year's support, will, deed, power of appointment, the right to recover under Code Sections
19-7-1
,
51-4-2
, or
51-4-4
, or by any other conveyance duly executed during life by the decedent and is treated as having predeceased the decedent for purposes of determining the distribution of the decedent's property and of appointing personal representatives or trustees.
(c)
This Code section shall have no effect on the rights of the descendants of the individual who forfeits the right to take from the decedent's estate; provided, however, that if the descendants are taking by intestacy in place of the individual who forfeits, the descendants may take only that share of the decedent's estate to which the individual who forfeits would have been entitled. The provisions of Code Section
53-4-64
shall not apply with respect to the descendants of the individual who forfeits the right to take from the decedent's estate unless those descendants are also descendants of the decedent.
(d)
A final judgment of conviction or a guilty plea for murder, felony murder, or voluntary manslaughter is conclusive in civil proceedings under this Code section. In the absence of such a conviction or plea, the felonious and intentional killing must be established by clear and convincing evidence.
Amended by 2022 Ga. Laws 847,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-6 - Payment to surviving spouse of state or federal income tax overpayments

(a)
In any case in which the United States Department of the Treasury or the Department of Revenue of this state determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is deceased at the time the overpayment is to be refunded, the amount of the overpayment, if not in excess of $2,500.00, shall be the sole and separate property of the decedent's surviving spouse, if any, irrespective of whether the decedent had filed a joint or separate income tax return.
(b)
The refund of the overpayment directly to the surviving spouse as provided in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the payor, whether the United States or this state, of liability from any action, claim, or demand of whatever nature by any heir, beneficiary, creditor of the decedent, or other person.
(c)
Refunds are authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent, without the necessity of obtaining an order that no administration is necessary, and without the necessity of appointing a personal representative for the surviving spouse, notwithstanding any other law to the contrary.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-7 - Surviving spouse under the age of 18 years

A surviving spouse who is under the age of 18 years is entitled to apply for, take, and hold any share in the deceased spouse's estate to which the surviving spouse is entitled by virtue of being an heir or a beneficiary or being eligible for year's support without the intervention of a guardian or other trustee.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-8 - Adopted individuals

A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section
19-8-19
, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit from and through the adopted individual under the laws of intestacy in the absence of a will and to take as parents or relatives of the parents of the adopted individual under the provisions of any instrument of testamentary gift, unless expressly excluded therefrom.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 1 - IN GENERAL (§§ 53-1-1 — 53-1-9) › Section 53-1-9 - Survival of common law and equity

Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state.
Added by 2020 Ga. Laws 508,§ 1-1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 2 - ADVANCEMENTS (§§ 53-1-10 — 53-1-13) › Section 53-1-10 - Lifetime transfers

(a)
A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift.
(b)
A lifetime transfer of money or other property to a prospective heir or to the beneficiary of a demonstrative, general, or residuary testamentary gift is treated as an advancement if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to be a part of the share that the heir would inherit by intestacy or the beneficiary would take under the transferor's will.
(c)
The intent to treat a lifetime transfer as a satisfaction or an advancement is shown only if the will provides for the deduction of the lifetime transfer or its value or if the satisfaction or advancement is declared in a writing signed by the transferor within 30 days of making the transfer or acknowledged in a writing signed by the recipient at any time.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 2 - ADVANCEMENTS (§§ 53-1-10 — 53-1-13) › Section 53-1-11 - Value

Every advancement shall be valued without interest at its value at the time of the transfer unless a value or an interest rate is specified in writing at the time of acceptance or in the transferor's will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 2 - ADVANCEMENTS (§§ 53-1-10 — 53-1-13) › Section 53-1-12 - Manner of taking into account

(a)
If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of the satisfaction.
(b)
If a beneficiary has received an advancement of all or a portion of a demonstrative or general testamentary gift, the value of the demonstrative or general testamentary gift shall be reduced by the value of the advancement.
(c)
For purposes of this subsection, the term "distributable share" means the share an heir would receive under the laws of intestacy or a beneficiary would receive under the residuary clause of the transferor's will if the value of all advancements made by the transferor during life, except satisfaction of specific testamentary gifts and advancements of demonstrative or general testamentary gifts, were added to the actual value of the transferor's intestate or residuary estate at death. If a beneficiary has received an advancement of a residuary gift or an heir has received an advancement of an intestate share, the advancement shall be taken into account in the following manner:
(1)
If a beneficiary or heir has received an advancement that is less than the value of that person's distributable share under the residuary clause of the transferor's will or the laws of intestacy, the share actually distributed to the beneficiary or heir shall be charged with the advancement so that the beneficiary or heir will receive only the balance remaining of the distributable share; or
(2)
If a beneficiary or an heir has received an advancement that is equal to or in excess of the value of that beneficiary's or heir's distributable share, the beneficiary or heir shall receive no further share from the estate.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 1 - GENERAL PROVISIONS (§§ 53-1-1 — 53-1-20) › Article 2 - ADVANCEMENTS (§§ 53-1-10 — 53-1-13) › Section 53-1-13 - Consideration of satisfaction or advancement when recipient predeceases transferor

Unless the writing described in subsection (c) of Code Section
53-1-10
or the testator's will expressly provides otherwise, a satisfaction or an advancement is considered when computing the division and distribution of the transferor's estate even if the recipient of the satisfaction or advancement fails to survive the transferor.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-3 - Inheritance by children born out of wedlock

The rights of inheritance of a child born out of wedlock shall be as follows:
(1)
A child born out of wedlock may inherit in the same manner as though legitimate from or through the child's mother, the other children of the mother, and any other maternal kin;
(2)
(A)
A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless:
(i)
A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section
19-7-22
or such other authority as may be provided by law;
(ii)
A court of competent jurisdiction has otherwise entered a court order establishing paternity;
(iii)
The father has executed a sworn statement signed by him attesting to the parent-child relationship;
(iv)
The father has signed the birth certificate of the child; or
(v)
There is other clear and convincing evidence that the child is the child of the father.
(B)
(i)
Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence.
(ii)
There shall exist a rebuttable presumption of paternity of a child born out of wedlock if parentage-determination genetic testing establishes at least a 97 percent probability of paternity. Parentage-determination genetic testing shall include, but not be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.
(C)
If any one of the requirements of divisions (i) through (v) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph (B) of this paragraph shall have been established and shall not have been rebutted by clear and convincing evidence, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child's father, the other children of his or her father, and any other paternal kin;
(3)
In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-4 - Inheritance from children born out of wedlock

(a)
The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate.
(b)
The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(1)
A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section
19-7-22
or such other authority as may be provided by law;
(2)
A court of competent jurisdiction has otherwise entered a court order establishing paternity;
(3)
The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; provided, however, that when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection;
(4)
The father has, during the lifetime of the child, signed the birth certificate of the child; or
(5)
The presumption of paternity described in division (2)(B)(ii) of Code Section
53-2-3
has been established and has not been rebutted by clear and convincing evidence.
Amended by 2016 Ga. Laws 361,§ 5, eff. 7/1/2016.
Amended by 2002 Ga. Laws 968,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-5 - Children conceived by artificial insemination

An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section
19-7-21
shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-6 - Individual related to decedent through two or more lines of relationship

An individual who is related to the decedent through two or more lines of relationship is entitled to only a single share based on the relationship entitling that individual to the largest share under the laws of intestacy.