Tag: Georgia Legislature

Space Flight Noise, Atlanta's Transit Awakening, and Confusing Stream Buffer Rules Highlight the 2016 Legislative Session

Last year the Georgia Supreme Court threw the policy into confusion when it declared that the buffer only applies when “wrested vegetation” (permanent vegetation) is present along rivers and streams. This effectively means that the buffer could apply and then not apply every few feet along a single river. For example, if a property owner has a lot that abuts a river, the rule may apply for the first two feet where vegetation is present then not apply along the next 15 feet if no vegetation is present… and then apply again along the next 30 feet where vegetation is present. This clearly creates a confusing and somewhat silly situation….So the Georgia House took up HB-966 to declare once and for all that the buffer applies along all state rivers and streams regardless of whether vegetation is present.

Does Georgia Own Your Marshlands? Yep, Unless it or the King of England Gave it to You

While the Supreme Court cleared the way for Mapache to challenge title, it still must produce legible documents that clearly show the marshlands and tidelands were conveyed by the Crown. Back in 2006, the Georgia Supreme Court heard a similar case. In Black v. Floyd, the judgement of the lower court was affirmed by the Supreme Court because the landowners could not clearly show the property was conveyed by the crown. They had the documents, but they were so illegible that as a matter of law the court was able to rule for the State of Georgia. The landowners stated that the documents instructed the grantee to drain swamp and marsh “if any such contain herein.” The Court, though, said that even if the documents did say that, it wouldn’t be enough to show that the Crown clearly intended to convey tidewaters.