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GA SB492

Bill

Status

Introduced

3/19/2018

Primary Sponsor

Steve Henson

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Origin

Senate

2017-2018 Regular Session

AI Summary

  • Property owners abutting tidewaters claimed as privately owned through a Crown or state grant may file a declaratory judgment action in court to challenge the validity of that private ownership claim
  • The Georgia Attorney General must be served with a copy of any such proceeding and is entitled to be heard in the case
  • The burden of proof falls on the party claiming private ownership of tidewaters through a Crown or state grant to demonstrate the claim is valid
  • Courts may award actual and punitive damages against any party asserting a private tidewater ownership claim that lacks substantial justification, is not made in good faith, or is made with malice or wrongful purpose, as defined under Code Section 51-7-80
  • Amends Article 1 of Chapter 1 of Title 52 of the Official Code of Georgia Annotated by adding new Code Section 52-1-11

Legislative Description

Protection of Tidewater; ownership through Crown or state grants; declaratory relief with regard to private claims; provide

Last Action

Senate Read and Referred

3/21/2018

Full Bill Text

No bill text available