reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 12 - DAMAGES (§§ 51-12-1 — 51-12-80) › Article 4 - [GEORGIA STRUCTURED SETTLEMENT PROTECTION ACT] (§§ 51-12-71 — 51-12-80) › Section 51-12-78 - Redirecting payments; liability of transferee; dividing payment; compliance

(a)
Following a transfer of structured settlement payment rights, the structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments. Such discharge and release shall not be affected by the failure of any party to the transfer to comply with this article or with the court order approving the transfer.
(b)
The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(1)
If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer; and
(2)
For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the structured settlement obligor or annuity issuer with the court order approving the transfer, or from the failure of any party to the transfer to comply with this article.
(c)
Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
(d)
Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.
Added by 2021 Ga. Laws 275,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-2 - Applicability

This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.
Amended by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
Amended by 2006 Ga. Laws 453,§ 51, eff. 4/14/2006.
Added by 2005 Ga. Laws 29,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-4 - Prima-facie evidence of physical impairment a prerequisite of asbestos or silica claims

(a)
Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (17) or (18) of Code Section
51-14-3
shall be an essential element of an asbestos claim or silica claim.
(b)
In order to bring or maintain an asbestos claim or silica claim, the claimant shall submit prima-facie evidence of physical impairment in accordance with the requirements of this chapter.
Amended by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
Added by 2005 Ga. Laws 29,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-5 - When limitations period begins to run

Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed person's exposure to asbestos or silica, obtains, or through the exercise of reasonable diligence should have obtained, prima-facie evidence of physical impairment, as defined in paragraph (17) or (18) of Code Section
51-14-3
.
Amended by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
Added by 2005 Ga. Laws 29,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-8 - Limitations on discovery; satisfaction of medical criteria necessary to establish prima-facie evidence of medical impairment; admissibility of expert reports

(a)
Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown.
(b)
The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial.
(c)
Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.
Amended by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
Added by 2005 Ga. Laws 29,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-10 - Venue

Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or a county in which the exposure to asbestos or silica on which the claim is based occurred. If a plaintiff alleges that an exposed person was exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed person's exposure to asbestos or silica in each of those counties.
Amended by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
Added by 2005 Ga. Laws 29,§ 1, eff. 4/12/2005.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-11 - Consolidation of claims

A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household.
Added by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-12 - Application of chapter dependent upon date claim accrues

(a)
Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007, shall be governed by Chapter 14 of Title 51, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145).
(b)
Notwithstanding the foregoing, all asbestos claims and silica claims filed on or after April 12, 2005, and before May 1, 2007, shall be subject to and comply with the provisions of Code Sections
51-14-6
,
51-14-7
,
51-14-8
,
51-14-9
, and
51-14-10
, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145). All asbestos claims and silica claims filed on or after May 1, 2007, shall be subject to and comply with Code Sections
51-14-7
,
51-14-8
,
51-14-9
,
51-14-10
, and
51-14-11
, as they exist on May 1, 2007.
Added by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 14 - ASBESTOS AND SILICA CLAIMS (§§ 51-14-1 — 51-14-13) › Section 51-14-13 - Severability

In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this chapter which shall remain of full force and effect as if the part, portion, section, subsection, paragraph, sentence, clause, phrase, or word so declared or adjudged invalid or unconstitutional were not originally a part hereof. For example, if a court determines that a particular word renders any portion or application of this chapter unconstitutional, in that event, the court shall strike that word and apply this chapter as if it were enacted without that word. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. The General Assembly does not intend for this chapter to make any substantive change in the law governing claims that accrued before April 12, 2005, and has only included procedural provisions that govern where such claims can be filed and what early reports must be filed in such cases. This chapter shall be interpreted consistently with the General Assembly's intention not to make any substantive changes in the law applicable to cases that accrued before April 12, 2005. The General Assembly expressly declares its intent that Code Section
51-14-9
remain in full force and effect if any other part or parts of this chapter shall be declared or adjudged invalid or unconstitutional. The General Assembly further expressly declares its intent that, in the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional as applied to asbestos claims or silica claims that accrued before April 12, 2005, such adjudication shall in no manner affect the applicability of any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter to asbestos claims or silica claims that accrued or may accrue on or after May 1, 2007.
Added by 2007 Ga. Laws 9,§ 1, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-1 - Legislative findings; limitations on liabilities

The General Assembly finds that the number of asbestos related claims has increased significantly in recent years and threatens the continued viability of a number of uniquely situated companies that have not ever manufactured, sold, or distributed asbestos or asbestos products and are argued to be liable only as successor corporations. This liability has created an overpowering public necessity to provide an immediate, clarifying, and remedial legislative solution. The General Assembly intends that the cumulative recovery by all asbestos claimants from innocent successors be limited, and intends to simply clarify and fix the form of asbestos claimants' remedies without impairing their substantive rights and finds that there are no alternative means to meet this public necessity. The General Assembly finds that Pennsylvania, Ohio, Texas, Mississippi, Florida, and South Carolina have enacted legislation similar to this chapter that, among other things, provides limitations of liabilities for asbestos claims for innocent successors. The General Assembly finds the public interest as a whole is best served by providing relief to these innocent successors so that they may remain viable and continue to contribute to this state. The General Assembly further finds that Georgia's successor liability statutes were never intended or contemplated to impose liability on successors in the situation covered by this chapter.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-3 - Domestic or foreign corporation as successor; exemption from limitations

(a)
The limitations contained in Code Section
51-15-4
apply to a domestic or foreign corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successor corporation.
(b)
The limitations contained in Code Section
51-15-4
do not apply to:
(1)
Any claim against a corporation that does not constitute a successor asbestos related liability;
(2)
An insurance corporation;
(3)
Any obligations under the federal National Labor Relations Act or under any collective bargaining agreement; or
(4)
A successor that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-4 - Determination of liability and limitation on liability

(a)
Except as further limited in subsection (b) of this Code section, the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos related liabilities in excess of this limitation.
(b)
If the transferor had assumed or incurred successor asbestos related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) of this Code section for the purpose of determining the limitation of liability of a corporation.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-5 - Fair market value determinations; gross assets determination

(a)
A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Code Section
51-15-4
through any method reasonable under the circumstances, including:
(1)
By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's length transaction; or
(2)
In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b)
Total gross assets include intangible assets.
(c)
Total gross assets include the aggregate coverage under any applicable third-party liability insurance that was issued to the transferor whose assets are being valued for purposes of this Code section, which insurance has been collected or is collectable to cover successor asbestos related liabilities except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor. For purposes of this subsection, a settlement with an insurance company shall fix what amount of coverage was collectable.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-6 - Market value; prime rate; adjustment

(a)
Except as provided in subsections (b), (c), and (d) of this Code section, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:
(1)
The prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any publication that may supersede it, for each calendar year since the merger or consolidation; and
(2)
One percent.
(b)
The rate provided in subsection (a) of this Code section shall not be compounded.
(c)
The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) of this Code section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d)
No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Code Section
51-15-5
.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-7 - Liberal interpretation to accomplish remedial purposes

The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos related liabilities. This chapter shall be construed liberally to accomplish its remedial purposes.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 15 - ASBESTOS CLAIMS (§§ 51-15-1 — 51-15-8) › Section 51-15-8 - Severability

If any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words or applications of this chapter that can be given effect without the invalid part, portion, section, subsection, paragraph, sentence, clause, phrase, or word or application, and to this end the parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, and words of this chapter are declared severable.
Added by 2007 Ga. Laws 9,§ 2, eff. 5/1/2007.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 16 - COVID-19 CLAIMS (§§ 51-16-1 — 51-16-5) › Section 51-16-2 - Liability standard; immunity

(a)
No healthcare facility, healthcare provider, entity, or individual shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual showed gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.
(b)
The immunity set forth in subsection (a) of this Code section shall be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal law.
Added by 2020 Ga. Laws 588,§ 3, eff. 8/5/2020.
See 2021 Ga. Laws 175, § 1.
See 2020 Ga. Laws 588, § 4.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 16 - COVID-19 CLAIMS (§§ 51-16-1 — 51-16-5) › Section 51-16-3 - Rebuttable presumption of assumption of risk relating to premises of individuals or entities

(a)
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable presumption of assumption of the risk by the claimant.
(b)
The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section
51-16-2
.
Amended by 2024 Ga. Laws 422,§ 1, eff. 7/1/2024.
Amended by 2021 Ga. Laws 307,§ 51, eff. 5/10/2021.
Added by 2020 Ga. Laws 588,§ 3, eff. 8/5/2020.
See 2021 Ga. Laws 175, § 1.
See 2020 Ga. Laws 588, § 4.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 16 - COVID-19 CLAIMS (§§ 51-16-1 — 51-16-5) › Section 51-16-4 - Rebuttable presumption of assumption of risk relating to healthcare facilities or premises of healthcare providers

(a)
Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death of a claimant there shall be a rebuttable presumption of assumption of the risk by the claimant.
(b)
The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section
51-16-2
.
Amended by 2024 Ga. Laws 422,§ 2, eff. 7/1/2024.
Added by 2020 Ga. Laws 588,§ 3, eff. 8/5/2020.
See 2021 Ga. Laws 175, § 1.
See 2020 Ga. Laws 588, § 4.
2023 CODE OF GEORGIA › Title 51 - TORTS (§§ 51-1-1 — 51-16-5) › Chapter 16 - COVID-19 CLAIMS (§§ 51-16-1 — 51-16-5) › Section 51-16-5 - Construction with other law

This chapter shall not modify or supersede the terms or application of:
(1)
Title 16, relating to crimes and offenses;
(2)
Title 31, relating to health or any state regulations related thereto;
(3)
Chapter 9 of Title 34, relating to workers' compensation; and
(4)
Chapter 3 of Title 38, relating to emergency management.
Added by 2020 Ga. Laws 588,§ 3, eff. 8/5/2020.
See 2021 Ga. Laws 175, § 1.
See 2020 Ga. Laws 588, § 4.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-1 - Short title

This article shall be known and may be cited as the "Protection of Tidewaters Act."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-2 - Legislative findings and declaration of policy; public trust doctrine for tidewaters

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.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-3 - Definitions

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 tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section
52-1-10
. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboard vessels, as defined in Code Section
52-7-8.4
. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of this state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
(4)
"Tidewaters" means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia.
Amended by 2019 Ga. Laws 245,§ 2, eff. 1/1/2020.
Amended by 2012 Ga. Laws 733,§ 4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-4 - Declaration of public nuisance

The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-5 - Order for removal of structures; service and posting of order

Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed "TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE." The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section
52-1-6
. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section
52-1-6
. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or, if no such person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served either upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail or statutory overnight delivery as part of the service process during the period of time that the order is being published in the newspaper.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-6 - Hearings and review

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, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-7 - Seizure and removal of structures; notice; sale or disposal

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 upon appeal, the structure shall be deemed contraband. Upon the structure's becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail or statutory overnight delivery informing such person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-8 - Remedies not exclusive

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.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-9 - Allowance of time for finding new residence

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 time for the structure inhabitants to find a new residence prior to the removal of the structure.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 1 - PROTECTION OF TIDEWATERS (§§ 52-1-1 — 52-1-10) › Section 52-1-10 - Issuance of permit; term; revocation

(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 which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b)
No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-30 - Short title

This article shall be known and may be cited as the "Right of Passage Act."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-31 - Legislative findings and declaration of policy

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 part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year as highways 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 navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the procedures and within the timetable set forth in this article.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-32 - Definitions

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 regular course of trade either for the whole or a part of the year.
(4)
"Structure" means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section
52-1-39
. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include live-aboard vessels, as defined in Code Section
52-7-8.4
. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," as amended, which do not discharge sewage into the waters of this state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located.
Amended by 2019 Ga. Laws 245,§ 3, eff. 1/1/2020.
Amended by 2012 Ga. Laws 733,§ 5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-33 - Declaration of public nuisance

The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-34 - Order for removal of structures; service and posting of order

Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed "TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE." The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section
52-1-35
. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section
52-1-35
. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or if no person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail or statutory overnight delivery as part of the service process during the period of time that the order is being published in the newspaper.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-35 - Hearings and review

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 order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-36 - Seizure and removal of structures; notice; sale or disposal

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 upon appeal, the structure shall be deemed contraband. Upon the structure's becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commissioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail or statutory overnight delivery informing such person or persons claiming ownership of or in possession of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-37 - Remedies not exclusive

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 as limiting any right that the state or any citizen of this state has regarding the right of passage on any stream or river in this state whether or not it is navigable as "navigable stream or river" is defined in this article.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 1 - GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39) › Article 2 - RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39) › Section 52-1-38 - Allowance of time for finding new residence

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
52-1-36
, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.