Rising Tides: Public or Private Beach, NC Supreme Court To Decide

A fight is brewing in the North Carolina Supreme Court that may change the future of public beach access in the state.

At issue is seventy-six feet of sand, where private land ends, and public beach begins. Currently, in the town of Emerald Isle, beachfront property owners cannot build on or furnish the small stretch of sand between the ocean and the dunes.

Diane and Gregory Nies say that limits how they can use their own private property.

They're filing a lawsuit asking for review of an earlier appellate court decision that sided with the town. The Nieses argue that the restrictions amount to a public taking of their land without compensation.

According to The Raleigh News and Observer, Emerald Isle's ordinance is intended to allow emergency, police, and other public service vehicles to access the beach as needed.

Many local and state politicians have sided with the initial ruling, including Governor McCrory and his gubernatorial opponent Roy Cooper.

The Supreme Court will hear the arguments, even though they are not obligated to do so. The Court of Appeals ruling was unanimous in its ruling to allow public right of access to beaches to continue.

The hearing date has yet to be released.