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t has become easier to see exactly what the Town of Oriental won many months ago in its South Avenue lawsuit. On Monday, a work crew removed most of the chain link fence erected by an adjacent property owner in the 1990’s in a bid to claim the town’s land as his own.

Years ago, adjacent property owner Lacey Henry erected an unauthorized chain link fence across the end of South Avenue, preventing the public from accessing the waterfront. He lost his court battle to claim the town’s waterfront as his own and on Monday most of the fence was peeled back.

A bulldozer crew hired by the Town also cleared heavily overgrown brush and abandoned marine railway equipment at the site.

Before Monday the chain link fence stretched across this section of the South Avenue right of way. A bulldozer was needed to hack through the vines and years of other overgrowth that covered the site. It also upended pieces of heavy machinery left from the days when the town leased the land to the Henry family to use as a boatyard and marine railway.

The NC Court of Appeals ruled in the Town of Oriental’s favor last year and the state’s Supreme Court in January refused to reverse that decision. The ruling established that towns in North Carolina do maintain the rights of way even on unpaved sections of their roads. More practically speaking, it confirmed that the public has access to 60 feet of waterfront on Oriental’s harbor.

Former Town Commissioner Dave Cox who as commissioner pushed the town to continue to fight — rather than settle — its legal battle for South Avenue. On Monday, he said he was happy that the fence was coming down. He stands near one last segment that is to be removed.

When the final legal hurdle was cleared this winter, some residents talked about personally applying bolt cutters to the fence which stood across the public’s road. Others offered to organize volunteer work crews. But for 7 months, little was done. In part, town officials said, that was because there were still some details to sort out with Mr. Henry. Then, on the last Monday in August, a crew got down to the job.

What’s been behind the fence and overgrowth all these years: waterfront, where the end of South Avenue meets Oriental’s harbor. The town’s 60+ feet of waterfront start from a point just beyond the horizontal planks at the right of the photo. (Riparian rights to the water would go off at an angle.)

By Monday afternoon, a 10-foot high pile of timbers, cogs, marine railway motors and tree limbs stood ready to be hauled away. After that, it’s not precisely clear what the Town will do with the land between the paved portion of South Avenue and the water’s edge. In the short term, it may be smoothed out and grass planted. The 60 or so feet of waterfront beach might even be used as a kayak and small boat launch site (footwear would be highly recommended for some time).

Out in the water there are other options as well. Dave Cox, the former town commissioner who urged the town to press on with its legal battle over South Avenue, has spoken of the possibility of setting up a public dock where one can now see the remains of previous docks. He says there had been grant money available, but that the deadline for applying had passed for this year.

The town’s waterfront area as seen over the treads of the bulldozer that cleared the land. With the big stuff has been cleared away, and the space opened up, some grass may be planted between the paved part of South Avenue and the water’s edge.

For years, the Henry family ran a boatyard and marine railway on the land it leased from the Town of Oriental. Some evidence of the railway can still be seen.

The fence that once kept the town from accessing the end of South Water Street was removed and rolled up Monday. One last portion needs to come down to have the entire width of the South Avenue right of way opened up. The blue spray paint on the grass marks the southern edge of the right of way.

Town Commissioner Barbara Venturi who works with the Parks and Recreation Board, and bulldozer operator Phillip Willis, look over the newly cleared right of way near the harbor on Monday afternoon.

Posted Tuesday August 31, 2010 by Melinda Penkava