Pecans Falling on Public Right of Way - Ownership During Harvest Season; Picking Pecans From Tree Limbs Without Permission; Penalty

  1. Law
  2. Georgia Code
  3. Property
  4. Rights in Personalty
  5. Falling Pecans
  6. Pecans Falling on Public Right of Way - Ownership During Harvest Season; Picking Pecans From Tree Limbs Without Permission; Penalty

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  1. When pecan trees are grown on private property and the branches of the trees extend over public roads, streets, or highway rights of way, any pecans falling from any such pecan trees onto the public rights of way shall be the property of the owner of the pecan trees until the end of the harvesting season; and it shall be unlawful for any person to remove the pecans from any public rights of way during the harvesting season without the permission of the owner of the trees.
  2. It shall be unlawful for any person, without the permission of the owner of pecan trees grown on private property, to pick or otherwise remove any pecans from the limbs or branches of the trees or to cause pecans to fall from the trees.
  3. Any person who violates this Code section shall be guilty of a misdemeanor.

(Ga. L. 1976, p. 272, §§ 1, 5; Ga. L. 1982, p. 3, § 44.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63 Am. Jur. 2d, Property, § 1.

C.J.S.

- 73 C.J.S., Property, § 24 et seq.


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