Ownership: North Carolina Preserve
Location
Avoca Bottoms, Albemarle Sound, North Carolina, USA
Description
This case study presents a donation of fee-simple and less-than fee-simple property rights to bottomlands and adjacent uplands. To-date, very little planning, management, and cost have gone into the transaction and subsequent management of the site.
In 2004, The Nature Conservancy accepted a donation of nearly 1,100 acres of shallow bottomland in Albemarle Sound. This exceptionally rich diadromous fish habitat is now protected. Title to these bottomlands was attached to the adjacent uplands by virtue of a king’s grant. RJ Reynolds, the previous owner, had sought to exclude setnet fishing from the bottomlands. Although the private title was upheld, a Supreme Court case upheld the public trust rights of fishing in state waters.
RJ Reynolds, which had grown sage on the uplands, eventually sold the land to Avoca Farms. In turn, Avoca Farms sold much of the uplands for a residential golf course development, while donating the bottomlands to TNC, in part to preserve the sweeping view of the Sound from the bluffs. The donor also deeded a 20-acre easement on the uplands to provide access to the bottoms. Because the donor’s appraisal was based on possible marina development, TNC hired an external appraiser to assure its accuracy.
Map showing Avoca Bottoms project boundary. Source: TNC Environmental Assessment Form, Dec. 21, 2004. Author: Jeffrey M. Horton
The Avoca Bottoms are an extension of the shallow peninsula between the Roanoke and Chowan Rivers, which creates a gently sloping, sandy and shallow bottom with a large expanse of submerged aquatic vegetation. In the spring, juvenile diadromous fish congregate in these waters and find ideal foraging and sheltering habitat. Cool underwater springs provide thermal refuge for fish on hot summer days. Native Americans developed a well-know pound-net fishery in Albemarle Sound’s sandy bottoms, and continue the practice in nearby bottomlands. Seine-net fishing peaked in the 1890s, with a catch of 20 million pounds of fish per year; however, in the last 50 years there has been little mechanical fishing of the Avoca Bottoms.
TNC is considering the potential for oyster reef restoration on a part of the Avoca Bottoms property.
Transaction Summary
| Fee simple | 1 |
| Area | 1058 acres |
| Resource | Shallow bottom with eelgrass and springs |
| Date | 2004 |
| Price | Donation |
| Location | Albemarle Sound, from Salmon Creek to south of Black Walnut Swamp |
| Use | Preservation; possibility of future oyster reef restoration |
| Grantor(s) | Avoca Technical of Delaware, Inc. |
| Grantee(s) | The Nature Conservancy |
| Easement | 1 |
| Area | 20 acres |
| Resource | Upland |
| Date | 2004 |
| Price | Donation |
| Location | Adjoining bottom land |
| Use | Access to bottom land |
| Interest | Easement |
| Donor | Avoca Technical of Delaware, Inc. |
Lessons Learned
- In this unusual case of being granted submerged lands, there was a need for external expertise to assess the donor’s appraisal.
Cost Summary
| Activity | Cost ($USD) |
| Acquisition fees for 1,100-accre parcel donated from Avoca Technical of Delaware | 1 |
| Annual management costs | 0 |
| TNC Contractor/Appraiser | $2,000 |
| Environmental Requirements | $1,000 |
| Total (as of 2007) | ~$3,001 |
Funding Sources
Internal TNC moneys were used for the acquisition.
Bathymetric Map of Albemarle Sound. Source: TNC Environmental Assessment Form, Dec. 21, 2004. Author: Jeffrey M. Horton
Lead Organization
The Nature Conservancy - North Carolina Chapter
4705 University Drive, Suite 290
Durham, NC 27707
Tel: 919-403-8558
Fax: 919-403-0379
Email: northcarolina@tnc.org
Partners
Not applicable
Authorizing Agency
Not applicable
Project Documents
- Deed (download .pdf, 3,448k)
- Environmental Assessment (download .pdf, 13,828k)
Publications
None
