![]() After a thorough review of the relevant information, it was determined that the landowner holds title to a portion of the riverbed by virtue of valid State grants issued prior to 1863 to the adjoining upland property, and therefore under Georgia law the landowner and its successors in title hold the exclusive right to fishing on that property to the center of the river.ĭNR notes the Final Judgment and Order does not speak to whether the Flint River at Yellow Jacket Shoals is “navigable” under Georgia law. Georgia law recognizes that an owner of land riparian to a freshwater stream may claim ownership of the stream beds adjoining its property if the landowner can trace its title back to a valid State grant issued prior to 1863. ![]() These statements prompted Four Chimneys to file a lawsuit asserting the right to control fishing in that section of the river. ![]() Last year, officers with DNR’s Law Enforcement Division made statements to Georgia Outdoor News and the Georgia Recorder stating DNR would not issue citations for fishing without permission, O.C.G.A. § 27-4-2, at Yellow Jacket Shoals, because DNR considered the Flint River, and in particular Yellow Jacket Shoals, to be a navigable river open to the public. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |