Thursday, January 28, 2010

Who owns logs at the bottom of the river?

Continuing its discussion of off-the-beaten-track issues, the Eleventh Circuit found that Georgia could not claim Eleventh Amendment immunity in a suit brought over old growth logs lying at the bottom of the Flint and Alapaha Rivers since Georgia lacked actual possession of the res (i.e., the logs). Check out Aqua Log, Inc. v. State of Georgia for an interesting discussion of deadhead logs, ownership of submerged cultural resources, the Eleventh Amendment, and admirality proceedings.

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