1967_session laws_665_2
CHAPTER 664 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 munici- palities 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 prop- erty 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 sea- ward 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 munici- pality, 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:
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, 749 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.