In
Part I, we discussed the lawsuit between the State of North
Carolina and Alcoa which determined that Alcoa owns a 45 mile
portion of the Yadkin River riverbed. State of North Carolina
v. Alcoa Power Generating, Inc., 5:13-CV-00633 (E.D.N.C.)
(September 28, 2015). In Part II, we turn our attention to
the North Carolina public trust doctrine.
Part II: Ocean Beaches and the Public Trust
Doctrine
As noted in
Part I, Federal law holds that the public trust doctrine is
governed by state law. Traditionally, North Carolina's public
trust doctrine establishes public access in inland
waters, but not to inland waters. In other words,
the bank of a river may be exclusively owned a private citizens and
the public has no right to access the river by traveling over this
private property.
