Georgia Surface - Unauthorized Use

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US-OG-830
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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

Georgia Surface — Unauthorized Use is a term that refers to the act of utilizing Georgia's surface areas without proper legal permission or authorization. This includes any activity or occupation carried out on Georgia's surface, such as land, water bodies, roads, and public spaces, without the consent of the rightful owner or appropriate governing authorities. There are several types of Georgia Surface — Unauthorized Use that can occur: 1. Trespassing: This involves the intentional crossing or staying on another person's property without their permission or legal right. It can include private lands, commercial properties, or public spaces where access is restricted. 2. Illegal Occupation of Public Spaces: This refers to the unauthorized use of public areas, such as parks, sidewalks, or roads, for personal or commercial purposes without the required permits or licenses. It can include setting up permitted vendors, street performances, or unauthorized construction on public property. 3. Encroachment: This occurs when a person extends their property (such as buildings, fences, or structures) onto an adjoining property without obtaining the necessary easements, rights-of-way, or legal agreements with the property owner. Encroachment commonly happens between neighboring properties or with infrastructure development along state-owned lands. 4. Unauthorized Use of Water Bodies: This pertains to the improper utilization of Georgia's water bodies, including rivers, lakes, or streams, without obtaining the required permits or licenses. Examples include fishing without a valid license, boating in restricted areas, or using waterways for industrial purposes without meeting environmental regulations. 5. Graffiti and Vandalism: This involves the unauthorized application of paint, markers, or other materials on public or private surfaces, causing damage or defacement to property. Graffiti and vandalism are considered unauthorized use as they deface and devalue the affected surfaces, often requiring costly repairs. 6. Unauthorized Mining or Extraction: This refers to any activity that involves extracting minerals, resources, or materials from Georgia's surface without the necessary permits or licenses. Illegal mining can cause significant environmental damage, loss of biodiversity, and depletion of natural resources. It is important to note that Georgia takes unauthorized use of its surface areas seriously and has laws in place to address and penalize such activities. These laws aim to protect the rights of property owners, preserve public spaces, and maintain the delicate balance between development and environmental conservation in the state.

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Nuisances are anything that cause hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep the act from being a nuisance.

The Surface Mining Unit regulates mining activity, which is defined in the Georgia Surface Mining Act of 1968, as amended, as ?any activity constituting all or part of a process for the removal of minerals, ores, and other solid matter for sale or for processing or for consumption in the regular operation of a business ...

A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that ...

It involves substantial interference with the claimant's ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to their property.

Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances.

To be successful in a private nuisance lawsuit, the plaintiff must prove three private nuisance elements: The plaintiff owns the property. The defendant acted in a way that interfered or disturbed the plaintiff's use or enjoyment of the property. The act was unreasonable.

Chapter 1 - General Provisions. § 41-1-1. Nuisance Defined Generally. A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.

Obstruction of nonnavigable stream so as to impede its course or cause it to overflow or injure land of another is trespass upon one's property.

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Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website ... Mining by a permitted operator on an unauthorized site ... To file a complaint, you must fill out a form available online at: https://www ... the tenant's negligence or illegal use of the premises. O.C.G.A. §§44-7-13 ...and surface water permit options required under the Clean Water Act Georgia Pollution Elimination System. ... For either types, the user shall fill out the Part I ... State of Georgia government websites and email systems use “georgia.gov” or “ga ... Breach the dam: Owners are required to fill out a breach application and ... Generally, it is illegal to surface collect, metal detect, or dig on any federal lands without a federal permit. Federal lands in Georgia include Corps of ... Nov 28, 2022 — Property owners rely on the legal protections of their water rights provided by law. Only adjacent landowners have the right to use the surface ... The construction, connection, use, maintenance or continued existence of any illegal connection to the Clayton County separate storm sewer system is prohibited. Venue of a prosecution for the use of a false document is proper in the ... a false statement, did not constitute an improper remark under O.C.G.A. § 17-8-57 ... The damage was easily cleaned off: In the case of Harper v. State, the suspects defaced cameras and cell surfaces by wiping feces on them. They argued they ... If an ordinance violation is seen, the officer will take photographs of the violation to be uploaded to a case file, and a Notice of Violation will be posted on ...

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Georgia Surface - Unauthorized Use