Property Rights in Animals; Factors Establishing Property in Wild Animals

1. Law
2. Georgia Code
3. Property
4. General Provisions
5. Property Rights in Animals; Factors Establishing Property in Wild Animals

1. Property rights may exist in all animals, birds, and fish. To constitute property in those which are wild by nature as distinguished from domestic animals, they must be in the actual possession, custody, or control of the party claiming a property interest. Possession, custody, or control of wild animals may be obtained by taming or domesticating them, by confining them within restricted limits, or by killing or capturing them.
2. Notwithstanding subsection (a) of this Code section, no property right shall be created in wildlife as defined by Code Section 27-1-2.

(Orig. Code 1863, § 2220; Code 1868, § 2214; Code 1873, § 2240; Code 1882, § 2240; Civil Code 1895, § 3073; Civil Code 1910, § 3649; Code 1933, § 85-1703.)

Cross references.

- State ownership of wildlife located in state, § 27-1-3.

JUDICIAL DECISIONS

Deer are not treated in law as domestic, and it would require positive or circumstantial evidence to show that a particular deer had lost the deer's natural quality of wildness by being domesticated or confined. Crosby v. State, 121 Ga. 198, 48 S.E. 913 (1904).

Cited in Shelley v. Queen, 104 Ga. App. 837, 123 S.E.2d 177 (1961); Blackston v. State, Dep't of Natural Resources, 255 Ga. 15, 334 S.E.2d 679 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Only state may sell game animals.

- Game animals, whether held in captivity legally or illegally, may not be sold by one other than the state. 1973 Op. Att'y Gen. No. 73-35.

Domestication does not divest state's interest.

- Domestication, one way of obtaining a property right under law, in and of itself cannot divest the state of the interest in game animals which the state holds in trust for all the people of the state. The possession of a domesticated game animal is still subject to all applicable laws regarding game animals. 1973 Op. Att'y Gen. No. 73-35.

Former Code 1933, §§ 85-1703 and 85-1705 (see O.C.G.A. §§ 44-1-8 and44-1-10) did not conflict with state's control over and ownership of animals ferae naturae, but merely set out the method by which individuals could gain property rights in such animals when allowed to do so by the laws of the state. 1973 Op. Att'y Gen. No. 73-35.

Rights in game and wild animals depend on compliance with law.

- When an individual has complied with the law and rules and regulations of the state in hunting or capturing a game or wild animal, the individual obtains a property right in the animal good against any other person. When an animal ferae naturae is captured or reduced to possession in violation of the applicable laws and rules and regulations, however, no property right vests in the person capturing or killing such animal. 1973 Op. Att'y Gen. No. 73-35.

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