PLF Defends Emerald Isle Beach Homeowners against a “Taking” by Town Officials

EMERALD ISLE, N.C.--()--This week, the nation’s leading property rights defense organization stepped in to represent an Emerald Isle couple who are fighting the Town’s unconstitutional imposition of a 20-foot-wide government driving lane across their sandy beach property.

Pacific Legal Foundation (PLF) is a public interest legal organization that defends property rights across the country. PLF now represents beachfront homeowners Greg and Diane Nies, free of charge, in challenging the Town government’s unconstitutional seizure of their property rights. PLF is representing the Nies along with Keith Anthony, Esq., and North Carolina’s Morningstar Law Group.

This week, PLF filed the opening brief in the Nies’ case to the North Carolina Court of Appeals.

The Nies own a beachfront house, which they purchased in 2001, on a lot that includes all the sandy beach property from the mean high water mark to the first line of dunes. PLF and the Nies are challenging the Town’s takeover of the Nies’ sandy beach property, for government and public use, without compensation as required by the Constitution.

Specifically, through a 2010 ordinance the Town has given itself an exclusive, 20-foot-wide driving lane across the Nies’ sandy beach property. Town vehicles now cruise across the Nies’ land at all times of the day, leaving deep ruts that destroy vegetation, make it difficult for the Nies to walk on the property, and endanger their grandchildren and others who come to visit.

Moreover, a 2013 Town ordinance creates a toll road across the same area (and more) of the Nies’ land, allowing the public to drive across it, from September to May, for a fee to the Town. Trucks and cars now tear through the Nies’ sandy land, “hotdogging” and leaving trash.

“When government takes private property for public use, the Fifth Amendment says the owners must be compensated,” said PLF Principal Attorney J. David Breemer. “Emerald Isle officials suggest this doesn’t apply to them when they’re taking over private property at the beach. PLF has entered this case to let them know they’re wrong. The Constitution prohibits government confiscation, no matter where the private property is located.”

Read the full release at www.pacificlegal.org

For more information, or to schedule an interview with Greg and Diane Nies and/or PLF’s Principal Attorney J. David Breemer, please contact Kate Pomeroy at 202-465-873.

Contacts

Pacific Legal Foundation
Kate Pomeroy, 202-465-8733
kap@pacificlegal.org

Contacts

Pacific Legal Foundation
Kate Pomeroy, 202-465-8733
kap@pacificlegal.org