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AQUA LOG v. LOST & ABANDONED PRE-CUT LOGS & RAFTS

Nos. 11-15060, 11-15076 and 11-15078.

709 F.3d 1055 (2013)

AQUA LOG, INC., a Georgia corporation, Plaintiff-Appellant, v. LOST AND ABANDONED PRE-CUT LOGS AND RAFTS OF LOGS, lying on the bottom of a navigable river within one (1) river mile of a point located at 31 degrees 10.177' North Latitude and 84 degrees 28.122' West Longitude, Defendant-Appellee, State of Georgia, Claimant-Appellee. Aqua Log, Inc., a Georgia corporation, Plaintiff-Appellant, v. Lost and Abandoned Pre-Cut Logs and Rafts of Logs, lying on the bottom of a navigable river within one (1) river mile of a point located at 31 degrees 04.157 minutes north latitude and 84 degrees 30.746 minutes west longitude, Defendant-Appellee, State of Georgia, Claimant-Appellee. Aqua Log, Inc., a Georgia corporation, Plaintiff-Appellant, v. Lost and Abandoned Pre-Cut Logs and Rafts of Logs, lying on the bottom of a navigable river within one (1) river mile of a point located at 30 degrees 50.536' North Latitude and 84 degrees 44.725' West Longitude, Defendant-Appellee, State of Georgia, Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 15, 2013.

Attorney(s) appearing for the Case

J. William Bass, Jr. , The Bass Law Firm, LLC, Cairo, GA, for Plaintiff-Appellant.

Isaac Byrd , James Doyle Coots , John E. Hennelly , Samuel Scott Olens , Atty. Gen.'s Office, Atlanta, GA, James Allen Chamberlin, Jr. , Brunswick, GA, for Defendant-Appellee and Claimant-Appellee.

Before TJOFLAT and COX, Circuit Judges, and MOTZ, District Judge.

COX, Circuit Judge:

These cases present a question that is almost as old as the doctrine of admiralty jurisdiction itself. As Justice Daniel posed it in 1857, "[T]he inquiry is naturally suggested, what are navigable waters?" Jackson v. The Steamboat Magnolia, 61 U.S. (20 How.) 296, 320, 15 L.Ed. 909 (1857) (Daniel, J., dissenting). Today, we answer that question as follows: a waterway is navigable for admiralty-jurisdiction purposes if, in its present state...

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