In re Protest of Mason

78 N.C. App. 16, 337 S.E.2d 99 (1985)

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In re Protest of Mason

North Carolina Court of Appeals
78 N.C. App. 16, 337 S.E.2d 99 (1985)

AR

Facts

Huber applied to the Marine Fisheries Commission to lease public submerged lands for clam culture. Mason (plaintiff) opposed the proposed lease because the requested lease area overlapped Mason’s riparian access rights to Core Sound. Specifically, Mason argued that his riparian rights extended to the nearest federally mandated channel. The commission approved the lease subject to several conditions, including conditions that protected Mason’s right to navigation and recreation in the riparian area. Mason sued, arguing that the lease was an unlawful taking without compensation. The trial court ruled in Mason’s favor, finding that Mason’s riparian rights extended to the nearest federally mandated channel and were not dependent upon the actual shoreline or local water usage. Thus, the lease resulted in a taking despite any of the lease’s conditions. The Commission appealed.

Rule of Law

Issue

Holding and Reasoning (Becton, J.)

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