BRCTMCTIT REOPIRH) for DgroVEMENTS IN PDBLIC TBS33F WMTOS
Historically, owners of real property adjoining public waters have owned
riparian rights. Since the inception of the English cannon law, the owners of
riparian rights have been entitled to access deep water from the shoreline. In
recent years, however, a greater enphasis has been placed on the rights of the
public in public tnist waters. As a result of North Carolina court decisions in
1993, it is now a requirement, notwithstanding the existence of a CRMA permit,
for anyone desiring to construct iirprovements in public trust waters to receive
an easement from the State of North Carolina, and to pay fair market value
ccRipensatian for that easement, at least as to any iirprovements that are
determined to have a substantial iirpact on the public trust waters.
Bie State^ of North Carolina, operating through the Department of
Administration, is now attempting to iirplement an interim easement program, vdiere
all public trust users other than single family dock owners desiring to construct
iiiprovements will be required to pay .10 per square foot per year (with cost of
living increases) for that privilege. This program is running into resistance,
both frcm professional environmental organizations advocating a more
e^>ensive program, that would also have a regulatory ccrnponent and would include
single family docks, as well as from sane opponents of an easement program.
Therefore currently no easements are being issued.
It is likely that ^ legislature in 1995 will begin consideration of ^^v«»
issue, with the possibility of legislatioi being enacted whether in 1995 or 1996.
Uie proposals have ranged from $105 per square foot to $25 per square foot, and
coverage has been proposed for all iirprovements on Uie one extreme, to few
inprovemmts on the other. It is a virtual certainty, however, that aice a
program is enacted, it will, either imnnediately or by phase in, be made
applicable to existing facilities.
There are a nurber of corplex policy issties relating to any ixrplemented
program. Individuals or groups with particular opinions may wish to send a note
to your governor or other elected r^resentatives. Governor Hunt has publicly
indicated strong support for an aggressive program.
KEMNEnH M. KIRKMAN, TCMN ATTC»NE7