Georgia National Guard; the adjutant general to be the official sponsor of the state sponsored life insurance program; provide
If enacted, SB115 would affirm the state's title to navigable stream beds while also clarifying the rights of the public regarding the use of these waters. It serves as a strengthening of public access and use rights over navigable waters while protecting these rights from any conflicting local regulations. This amendment is particularly significant for outdoor activities that rely on access to navigable streams and may have implications for property owners and recreational users alike.
Senate Bill 115 aims to amend Code Section 44-8-5 of the Official Code of Georgia Annotated, specifically concerning the rights of adjoining landowners in navigable streams. The bill articulates that upon statehood, Georgia procured ownership of all navigable stream beds within its jurisdiction and serves as the trustee for public rights to use these waters. The legislation emphasizes that the public retains rights for activities such as fishing, hunting, navigation, and commerce, based on the common law public trust doctrine.
The sentiment surrounding SB115 appears to be generally positive among proponents who emphasize the importance of public access to navigable waters. Supporters argue that the bill reinforces the rights of citizens while safeguarding the state's role as a protector of these natural resources. Conversely, there may be some apprehension among landowners regarding how these changes could affect their property rights and responsibilities.
Notable points of contention regarding SB115 could arise from interpretations of property rights versus public access to navigable waters. Some landowners may feel that the bill could threaten their proprietary rights if it expands public access too broadly. Furthermore, discussions about how the bill aligns with existing state laws may lead to debates over the balance between public interest and private landowner rights, particularly in cases where private ownership claims predate statehood.