NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 664

SENATE BILL 329

 

 

AN ACT RELATING TO THE TITLE TO THE LAND TO BE BUILT UP AND CONSTRUCTED AS A RESULT OF CERTAIN EROSION CONTROL WORK, IN THE SEVERAL MUNICIPALITIES AND COUNTIES OF NORTH CAROLINA BOUNDED IN PART BY THE ATLANTIC OCEAN.

 

WHEREAS, during the course of many years, in the several municipalities and counties of North Carolina, bounded in part by the Atlantic Ocean, much of the land abutting and fronting on the Atlantic Ocean in the said municipalities and counties, formerly belonging to various property owners, has been, and is now being, washed away by successive storms, tides, and winds; and

WHEREAS, the said municipalities and counties, separately or jointly, with aid from the State of North Carolina, the United States Government, and the Federal Agencies thereunder, and with their own funds, have made available, or will make available, from time to time, funds with which to control the erosion caused by the said tides and winds, and other causes; and to that end the said counties, and the said municipalities, located therein, separately or jointly, have entered into a contract in the future to place sand by hydraulic pumping, or by other means, from the waters, or from other sources within the nearby or immediate area, onto the seaward side of the said municipalities and counties, or certain designated parts thereof; and as a result thereof, there has been, is now, or will be made and constructed new lands on the ocean front of the said municipality, municipalities, county or counties, which may or will change the ordinary and usual watermark or the waters of the Atlantic Ocean along the seaward boundary of the said municipalities and counties, and when the project or projects are terminated, the question will arise as to whom title to the said new land shall belong; and

WHEREAS, it is the desire of the authorities of the municipalities and the counties of North Carolina bounded in whole or in part by the Atlantic Ocean, as well as the State of North Carolina, to fix and define the title to such new land, and to fix and determine its use, and to further define the littoral rights of the property owners abutting on the ocean front which will be added or taken by and through the making of such new made lands: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. That all land filled in, restored, and made, and to be filled in, restored and made, as the result of the recitals in the preamble to this Act, which will exist between the present seaward property line of the land or lot owners bordering on said ocean and the low watermark of the Atlantic Ocean after the work referred to in the preamble hereof is completed, shall be within the corporate limits of the municipalities or counties, or both, of North Carolina bounded in whole or in part by the Atlantic Ocean, and so much of said lands so filled in, restored, and made which will lie "inland" of the "building line" or "project protection line," determined by Section 2 of this Act, is hereby granted and conveyed in fee simple to the land owner, to the extent that his land abuts thereon, and the balance of said land lying "seaward" of said "building line," to be fixed and determined by Section 2 of this Act, is hereby granted and conveyed in fee simple to the respective municipalities or counties, or both, wherein the land lies; provided, however, that no building or structure shall be built and erected on said made and built up land lying "seaward" of the "building line," to be defined and set out in Section 2 of this Act, and provided further, that all made and constructed land lying "seaward" of the "building line" shall be at all times kept open for the use of the public, as the governing authorities of the municipalities or counties, or both, wherein the land lies, by ordinance shall determine; and provided, however, no streets or highways shall be constructed parallel to the ocean on said built up land, and provided further, that if any such property as is hereby granted and conveyed to the said respective municipalities and counties, or both, shall cease to be used for the purposes or in the manner prescribed in this Act, it shall revert and become the property of the State of North Carolina; and provided further, that the owners of the property abutting on said newly made or constructed land, shall, in front of their said property possess and keep their rights, as if littoral owners, in the waters of the Atlantic Ocean, bordering on said newly acquired and constructed land.

Sec. 2. Prior to the initiation of said work to be carried on by the said municipality, municipalities, county, counties, or both, and referred to in the preamble hereof, the said municipality, municipalities, county, counties, separately or jointly, shall, at their own cost, survey or have surveyed by a competent engineer or engineers a line to be known as the "building line," and which shall constitute and define the "building line" referred to in Section 1 of this Act, and which shall run the full length of the beach with the municipal or county limits, or both, or parts thereof, that will be duly designated by the governing body or bodies; and after the "building line" shall have been surveyed and fixed and determined, the said authorities of each of the said municipality, municipalities, county or counties, or both, shall immediately cause to be perpared a map showing, fixing, and determining the "building line," which map so prepared shall be immediately recorded in the office of the register of deeds of the county wherein the land lies, in a map book kept for said purposes, after the engineer has appended an oath to the effect that said line has been truly and properly surveyed and laid out and marked on said map, and the register of deeds shall properly index and cross-index said map, and when so recorded in said map book or entered or placed therein, in lieu of inserting a transcript thereof, and indexed, the said map shall be competent and prima facie evidence of the facts thereon, without other or further proof of the making of said map, and shall conclusively fix and determine the "building line" referred to in Section 1 of this Act.

Sec. 3. Any property owner or claimant of land who is in any manner affected by the provisions of this Act, and who does not bring suit against the municipality or county, or both, as the case may be, wherein the land lies, or assert such claims by filing notice thereof with the governing body of the said municipality or county wherein the land lies, either or both, as the case may be, or any claimant thereto under the provisions of this Act, or their successor or successors in title, within six months after the "building line" is surveyed and established, and the map thereof recorded, as provided for herein, shall be conclusively presumed to have acquiesced in, and to have accepted the terms and conditions hereof, and to have abandoned any claim, right, title, or interest in and to the territory immediately affected by and through or as a result of the doing of act or acts or things herein mentioned, and shall be forever barred from maintaining any action for redress upon such claim.

Sec. 4. For the purposes of this Act, the terms "project protection line," as defined in Article 3 of Chapter 104B of the North Carolina General Statutes, and "building line," as used in Chapter 246 of the 1939 Session Laws and Chapter 511 of the 1963 Session Laws, are used herein interchangeably and are in accord as to definition.

Sec. 5. The governing bodies of these municipalities and counties bounded in part by the Atlantic Ocean, are hereby empowered to adopt and enforce such regulations as they may deem appropriate, to enforce the provisions of this Act. Each municipality and county may act separately or jointly of any and all other municipalities and counties which are bounded in part by the Atlantic Ocean.

Sec. 6. This Act shall apply to Brunswick County and the municipalities located therein, New Hanover County and the Town of Kure Beach.

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed, except Chapter 246, 1939 Session Laws, and Chapter 511, 1963 Session Laws.

Sec. 8. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 2nd day of June, 1967.