Legal Opinion
Carolina Beach Fishing Pier, Inc. v. Town of Carolina Beach
Supreme Court of North Carolina
Decided November 18, 1970No. 18PublishedCited by 18 opinions
1Opinion of the Court
HUSKINS, Justice.
The first question for decision here is whether plaintiff’s lots, or any portion thereof, were “taken” by the Town of Carolina Beach for the construction of the berm erected to control tidal erosion. Resolution of this problem requires a discussion of the general principles of ownership applicable to tidal lands.
It has been settled since the passage of the Submerged Lands Act of 1953 by the United States Congress that the lands beneath coastal waters belong to the states, and not the federal government. “The seaward boundary of each original coastal state is approved and…
2Cases cited18 opinions
- Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
- Calloway v. WyattSupreme Court of North Carolina · 1957
- Davis Ex Rel. Allen v. RigsbySupreme Court of North Carolina · 1964
- Watson v. CluttsSupreme Court of North Carolina · 1964
- State v. . GlenSupreme Court of North Carolina · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shell Island Homeowners Ass'n v. TomlinsonCourt of Appeals of North Carolina · 1999
- West v. SlickSupreme Court of North Carolina · 1985
- State v. JohnsonSupreme Court of North Carolina · 1971
- State v. IbbisonSupreme Court of Rhode Island · 1982
- Department of Natural Resources v. Mayor of Ocean CityCourt of Appeals of Maryland · 1975
13 more not listed; retrieve them via the Exa API.