The Legal Theory for Challenging NC's County Blind Laws
Updated: Oct 17, 2019
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 and protect its lands and waters for the benefit of all its citizenry".
The North Carolina General Statutes (GS1-45.1) clearly states that we all have a right to hunt in Public Trust waters of North Carolina.
The North Carolina General Statues (GS 113-131) clearly states that "the marine and estuarine and wildlife resources belong to the people of the State as a whole."
The North Carolina Supreme Court in a case involving Public Trust rights Chief Justice Clark wrote in State v Twifford: "Navigable waters are free. They cannot be sold or monopolized. They can belong to no one but the public and are reserved for free and unrestricted use by the public for all time. Whatever monopoly may obtain on land, the waters are unbridled yet."
Do the words of the NC Constitution and the NC General Statutes really mean what they say? If so, why did the NC General Assembly give a few privileged Pamlico County hunting clubs and landowners exclusive hunting rights in NC Public Trust waters? How were 11 unelected citizens of Dare County, the "Dare County Wildlife Commission", given the authority to take the NC Public Trust rights away from 99% of North Carolina citizens?
Why does the North Carolina Wildlife Resources Commission not fulfill its statutory responsibility to identify and litigate when North Carolina citizens' public trust rights are infringed?
Did you know that NC General Statute 113-131 states: "Whenever there exist reasonable cause to believe that any person or other legal entity has unlawfully encroached upon, usurped, or otherwise violated the public trust rights of the people of the State or legal rights of access to such public trust areas, a civil action may be instituted by the responsible agency for injunctive relief to restrain the violation and for mandatory preliminary injunction to restore the resources to an undisturbed condition." Finally "the Attorney General shall act as the attorney for the agencies and shall initiate actions in the name of and at the request of the Department or the Wildlife Resources Commission."
These questions should be answered by those responsible. If not, we the people should demand the answers and if so required, force the answers in a NC court.