McNair Client Wins Supreme Court Case For Title to Coastal Island
May 5, 2011
CHARLESTON – On April 25, 2011, McNair Law Firm, P.A., Environmental Attorneys Mary Shahid and R. Cody Lenhardt Jr. prevailed in a precedent setting dispute against the State of South Carolina and the South Carolina Department of Health and Environment Control (“DHEC”) to quiet title to Little Jack Rowe Island in Beaufort County, South Carolina. The decision overrules Supreme Court precedent which placed presumptive title to coastal islands in the State.
The dispute was precipitated by DHEC’s refusal to process a private party’s dock permit application without proof of a sovereign’s grant for the property and centered on whether the State of South Carolina presumptively owned Little Jack Rowe, a coastal island. On behalf of Lawyers Title Insurance Company (an entity of Fidelity National Title Group), McNair attorneys brought an action against the State of South Carolina who claimed title to the island and against DHEC, who refused to process a dock permit application for the property.
According to two Supreme Court cases, commonly known as Coburg I and Coburg II, the State of South Carolina presumptively held ownership under the public trust doctrine to islands, above the mean high water mark, located in the marsh or abutting tidal creeks or rivers. This position was enforced by the State in numerous instances and clouded real property titles for thousands of property owners in South Carolina.
After prevailing at the trial court and arguing at the Court of Appeals, the case was elevated to the South Carolina Supreme Court. After much consideration, the Supreme Court overruled its holding in Coburg I and II that the State held presumptive title to islands situated in the marsh. The Court confirmed the expansion of the public trust doctrine to islands, lands above the mean high water mark, was inconsistent with long standing precedent in South Carolina.
“In overruling Coburg and quieting title in our client’s estate, the Supreme Court has resolved a standing controversy over the ownership of high ground islands along the South Carolina coast and has validated thousands of citizens’ legitimate property interests.” R. Cody Lenhardt, Jr.
About McNair
Mrs. Shahid and Mr. Lenhardt are attorneys with McNair’s environmental practice. With over 120 attorneys and governmental relations professionals, McNair’s environmental lawyers provide clients with thoughtful and prompt responses to a variety of sensitive concerns including managing environmental issues affecting business and real estate transactions, environmental claims, administrative permit appeals and more.
Visit www.mcnair.net to learn more information about McNair.
