NORTH CAROLINA LAW REVIEW Volume 64 | Number 3 Article 3 3-1-1986 The aB ttle ot Preserve North Carolina's Estuarine Marshes: The 1985 Legislation, Private Claims to Estuarine Marshes, Denial of Permits to Fill, and the Public Trust Monica Kivel Kalo Joseph J. Kalo Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Monica K. Kalo & Joseph J. Kalo, The Battle to Preserve North Carolina's Estuarine Marshes: The 1985 Legislation, Private Claims to Estuarine Marshes, Denial of Permits to Fill, and the Public Trust, 64 N.C. L. Rev. 565 (1986). Available at: http://scholarship.law.unc.edu/nclr/vol64/iss3/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. THE BATTLE TO PRESERVE NORTH CAROLINA'S ESTUARINE MARSHES: THE 1985 LEGISLATION, PRIVATE CLAIMS TO ESTUARINE MARSHES, DENIAL OF PERMITS TO FILL, AND THE PUBLIC TRUST MONICA KIVEL KALOt JOSEPH J. KALOtt In recent years the ecological and economic importance of North Carolina'sestuarine marshes has been recognized. Landowners' claims of private ownership of these marshes, however, challenge the public's right to use these rich coastal wetlandsfor commercial and recreational purposes. ProfessorsMonica Kalo and Joseph Kalo examine the North Carolina GeneralAssembly's attempt to resolve these claims through a series of statutes enacted in May 1985. First, the authors explore the history of protected public commercial and recreational uses of North Carolina's estuarine complex.