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Black v. Floyd

The state of Georgia holds title to the beds of all tidewaters within the state, except where title can be traced to a valid Crown or state grant, which explicitly conveyed the beds of such tidewaters.

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The issue presented in this case is whether certain tidal marshlands are publicly or privately owned. H. Russell Black and Josie Black Appellants claim title to the property which lies along Sterling Creek, a tidal waterway and an arm of the sea. They base their claim on two Crown grants which were made to Sir James Sterling in 1761. R. Douglas Floyd, Thomas Garrett and Tami Garrett Appellees own the property adjoining the marshlands, which they maintain are owned by the State of Georgia. Appellees filed a declaratory judgment action, seeking to establish title in the State of Georgia. Appellants answered, and successfully moved to add the State of Georgia as a necessary party. After discovery, the parties filed cross-motions for summary judgment. The trial court denied Appellants’ motion, and granted summary judgment in favor of Appellees and the State of Georgia. Appellants bring this appeal from that order.

1. Appellants suggest that the navigability of tidewaters is a factor in determining their ownership. However, 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. Emphasis supplied. OCGA § 52-1-2. The definition of “tidewaters” includes

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