REMOVAL OF ABANDONED STRUCTURES & SHIPS/BOATS [“A.$.$.”] FROM PUBLIC TRUST “LAND”. WHO PAYS?. PROBLEM: OBSTRUCTIONS ON “PUBLIC TRUST” LAND. STRUCTURES ON BEACH. STRANDED/SUNK BOATS ON ESTUARINE BOTTOMS. PROBLEMS. Obstructs Public Access Potential Danger to Public
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STRUCTURES ON BEACH
SO, QUESTION IS
WHO OWNS THE “LAND”?
Access to Navigable Waters
When Title To Land Bottom Lost to “THE INSCRUTABLETIDES OF GOD."
Herman Melville, Moby Dick.”, quoted in Carolina Beach Fishing Pier, Inc. v. The Town of Carolina Beach, 277 N.C. 297, 300, 177 S.E.2d 513 (1970)
Real or Personal Property
Ocean Bottom Owned by NC
Difference Between the Whether A
Govt Owns or Regulates
How did the Boundaries Change?
Government Financed “Raised” Lands?
Temporary? Lost Forever?
Rare Grants to Private Owners and U.S. Government
Not Navigable at Any Time By Canoe/Kayak?
Any Parts Obstruct Major Navigation?
Access Rights of Riparian/Littoral Owners.
Q: Pre-CAMA Permit Structures
If House is “Personal Property Fixture”
Owner Theoretically Still Owns
But Owner Can “Abandon” Under Personal Property Law
Unlikely Municipalities or Counties Obligation
No Clear Delegation of Jurisdiction or Power
Except in Rare Grant From State
Not the Feds
Likely Not the Former Owner or Insurer
Likely the State
Proposed BIMP Trust Fund Good Idea
Economic Studies May Indicate Removal – Retreat Costlier Than Renourishment
Was it Accidental? Obligation
Maritime Right of Abandonment Relieves Owner
Assuming No Prior Agreement by Owner
Federal Preemption of State or Local Rules Providing Otherwise
Neglectful/Willful Running Aground-Possible to Hold Owner/Operator Responsible
Maritime “Salvor” Issues
Precise Location of Vessel Obligation
In Important Navigable Channels?
On Non-Navigable “Muck” or Marsh?
Landward of MHWM?
On State Owned Bottom Under Navigable Waters?
On Rare Areas Where State Conveyed Bottom Without Reserving Public Trust Rights?