• jbroadwell3

Dare County's Right to Limit Float Blinds

Here is a thought, shoot holes in it. The following words came from an important court ruling: • In North Carolina, the public trust doctrine operates as a rule of construction creating a presumption that the General Assembly did not intend to convey lands in a manner that would impair public trust rights. "Unless clear and specific words state otherwise, terms are to be construed so as to cause no interference with the public's dominant trust rights, for the presumption is that the sovereign did not intend to alienate such rights." RJR Technical Co. v. Pratt,339 N.C. 588, 590, 453 S.E.2d 147, My thought from this is that the General Assembly can pass a law that deals with our public trust rights as long as it "Furthers the trust" (NCGS1-45.1). According to this court ruling the legislation can only limit our Public Trust rights in a way the legislation specifically states.

With that thought in mind read the Dare County Game and Wildlife Commission authorizing legislation. Its on their web page. The most important part, the essence of the legislation is Sec. 3 : "Sec. 3. The commission shall have full authority in the licensing of devices for concealing a person or persons hunting migratory waterfowl and licensing of exclusive geographic locations in Dare County for the purpose of hunting migratory waterfowl from a blind, box or other permanent or semipermanent structure or device located thereon."

Nothing in that legislation specifically states that the "Commission" has the authority to limit the number of float blinds. It just says they have the authority to "License" them.

93 views0 comments

Recent Posts

See All

The Legal Theory for Challenging NC's County Blind Laws

The North Carolina Constitution clearly states we all have a right to hunt using "traditional methods". The North Carolina Constitution clearly states "it shall be the policy of this State to conserve