Defining Swamp and Overflowed Land

In defining the terms swamp and overflowed, a prime factor is that affected areas be essentially unfit for cultivation of staple crops of the region, at least without some artificial means of reclamation.

The affected subdivision must be more than 1/2 unsuitable for cultivation and be naturally unfit for crops of the region.

Very importantly, the condition at the time of original granting is the determinate of legal classification.

Swamp lands are different from overflowed lands.

A swamp requires drainage, while an overflowed area can be improved by using levies to prevent water from rushing in.