State v. Ashmore

In State v. Ashmore, 236 Ga. 401 (224 SE2d 334) (1976), the Supreme Court of Georgia fully analyzed the history behind OCGA 44-8-7 and determined that the statute granted landowners adjacent to a tidewater "something less than title," and, in fact, granted them "nothing but the right to plant, cultivate and harvest oysters and clams." 236 Ga. at 413 (III). The Court concluded that this right is merely a privilege or a license, and "the State retains fee simple title to the foreshore in all navigable tide-waters." Id.