This blog recently discussed an interesting lawsuit brewing in Georgetown County involving the property of Hobcaw Barony and adjacent North Inlet. The owner of Hobcaw, the Belle W. Baruch Foundation, is claiming title to 8,000 acres of marsh at North Inlet, a vast marshland that has always been used by the public for recreational purposes. The lawsuit claims title to the property by virtue of a Kings Grant.
Local gossip indicates the Foundation simply intends to clean up title issues and does not intend to preclude the public from enjoying the property. But the complaint reads like a normal quiet title action of marshland property and the locals are nervous. An easement has been suggested to resolve the conflict, but this suggestion has been rebuffed by the Foundation.
The State of South Carolina has now filed responsive pleadings asking for an order declaring that the property is dedicated to public use. The State’s response to the Foundation’s complaint alleges that the Foundation lacks the power to exclude the general public from the property because the public has a right to the use of navigable waters.
The State claims the public is entitled to the marshland through continued use of the property for fishing, shrimping, crabbing and similar activities for generations.
I’ll keep you posted as this issue is litigated.