Property Rights

Nies v. Town of Emerald Isle

Supreme Court asked to reverse North Carolina’s massive beach land grab

The Town of Emerald Isle, North Carolina, passed ordinances allowing the general public and town officials to use the Nies family’s private beach land, without compensating them. State courts upheld these ordinances because they believed a 1998 state law redefined all private dry sand beaches from private land into a “public trust” area open for public driving and access. PLF, representing the landowners, argued that both the ordinance and the state law effected an unconstitutional taking by remaking the entire coastline of separately divided and owned dry beach parcels into a uniform public trust beach which the public and the government can use and drive on without owner consent or compensation. With the state courts unwilling to compensate the property owners, PLF is seeking review in the U.S. Supreme Court.

Read more