SPECIAL ACTS
Article I.
An Act to Lay Off and Establish a New County by the Name of “Dare.”
§ 1.   County laid off and established; boundaries.
§ 2.   County vested with rights of counties of state.
§ 3.   Certain township trustees to continue in office; vacancies in township boards of trustees.
§ 4.   Appointment, powers and duties and term of first county commissioners; submission of question of formation of county to voters.
§ 5.   Appointment and term of first county clerk.
§ 6.   Extension to county of superior court jurisdiction.
§ 7.   Temporary courthouse.
§ 8.   Use of Pasquotank County jail.
§ 9.   Applicability of act relating to townships.
§ 10.   When county allowed first member of house of representatives.
§ 11.   Senatorial district established.
§ 12.   Selection of county seat.
§ 13.   County commissioners to contract for building of courthouse and jail.
§ 14.   Appointment of county surveyors.
§ 15.   Tax levy for purpose of erecting courthouse and jail.
§ 16.   Effective date; ratification.
Article II.
An Act to Authorize the Commissioners of Dare County to Have Transcribed Deeds
and Other Papers or Records in the Counties of Hyde, Tyrrell, etc.
§ 1.   Authority granted.
§ 2.   Effect of transcription and recording of deeds, mortgages, etc., requiring registration.
§ 3.   Compensation.
§ 4.   Effective date; ratification.
Article III.
An Act to Establish the Dividing Lines Between Certain Sounds in Dare County,
Relative to the Enforcement of the Laws in the Said Sounds by the Fish Commissioner.
§ 1.   Line established.
§ 2.   Effective date; ratification.
Article IV.
An Act Allowing Atlantic Township, Currituck County, to Become Part of Dare County by Act of the Voters of Said Township.
§ 1.   Special election to be held on petition advertising election.
§ 2.   Qualifications of voters and method of conducting special election.
§ 3.   Form of ballots; county and return of votes; reports of result to Dare County board of commissioners.
§ 4.   Effective date of annexation; name of township; line to be surveyed and marked.
§ 5.   Annexed property not to be taxed for bonded indebtedness.
§ 6.   Collection of taxes already levied by Currituck County.
§ 7.   Justices of peace to continue to hold office.
§ 8.   Jurisdiction of causes not affected.
§ 9.   Repeal of conflicting laws.
§ 10.   Effective date; ratification.
Article V.
An Act to Increase the Membership of the Board of Commissioners of Dare County.
§ 1.   Board of commissioners to consist of five persons, effective first Monday in December, 1920; election to be held every two years.
§ 2.   Repeal of conflicting laws.
§ 3.   Effective date; ratification.
Article VI.
An Act to Establish the Line Between Atlantic Township, Dare County, and Poplar Branch Township,
Currituck County, and to Regulate Fishing in Atlantic Township.
§ 1.   Boundary defined; fisheries commission board to mark and buoy line in Currituck Sound.
§ 2.   Certain fishing laws repealed.
§ 3.   Effective date; ratification.
Article VII.
An Act to Authorize the Board of County Commissioners of Dare and Currituck Counties
to Establish and Mark the Dividing Line Between Said Counties.
§ 1.   Commission to be established; each county to bear one-half of expenses; compensation of commission.
§ 2.   Fisheries commission board to mark boundary.
§ 3.   Repeal of conflicting laws.
§ 4.   Effective date; ratification.
Article VIII.
An Act to Consolidate the Townships of Hatteras and Kennakeet in Dare County,
and to Provide for the Election of One Member of the County Board of Commissioners
and One Member of the County Board of Education From Such Consolidated Township.
§ 1.   Townships consolidated; name of consolidated township.
§ 2.   Representation of consolidated township on boards of commissioners and of education of Dare County.
§ 3.   Nomination of township candidate for board of commissioners.
§ 4.   Nomination of township candidate for board of education.
§ 5.   Repeal of conflicting laws.
§ 6.   Effective date; ratification.
Article IX.
An Act to Create a Fire District for the Purpose of Levying Taxes Therein Consisting of Roanoke Island Outside of Manteo
and Authorizing Cooperation With Manteo in Fire Protection.
§ 1.   Roanoke Island Fire District created; composition and purpose.
§ 2.   Annual tax levy.
§ 3.   Tax proceeds to be paid to Town of Manteo.
§ 4.   Town of Manteo to use tax funds for providing and maintaining fire equipment and providing fire protection within fire district.
§ 5.   Town of Manteo to make annual report to Dare County board of commissioners.
§ 6.   Repeal of conflicting laws.
§ 7.   Effective date; ratification.
Article X.
An Act to Establish a Quasi-Public Corporation to be Known as the Dare County Community Center.
§ 1.   Dare County Community Center created; purpose.
§ 2.   Composition, selection and terms of board of trustees; vacancies on board of trustees.
§ 3.   County board of education to convey certain land.
§ 4.   Powers and duties of board of trustees.
§ 5.   Repeal of conflicting laws.
§ 6.   Effective dab; ratification.
Article XI.
An Act to Prohibit the Operation of Motor Vehicles in Certain Beach Areas in Dare County.
§ 1.   Operation of motor vehicles or aircraft prohibited in described areas.
§ 2.   Exceptions.
§ 2-A.   Removal of waste, etc., from beach after fishing operation.
§ 3.   Penalties.
§ 4.   Repeal of conflicting laws.
§ 5.   Effective date; ratification.
Article XII.
An Act to Prevent the Depositing of Trash, Tin Cans, and Litter upon the Lands of Another on Roanoke Island
and on the Beach Between Wright Memorial Bridge and Roanoke Island Bridge in Dare County Without Written Consent.
§ 1.   Depositing trash, debris, litter, etc., upon lands of another prohibited without owner's consent.
§ 2.   Area to which act applicable.
§ 3.   Repeal of conflicting laws.
§ 4.   Effective date; ratification.
Article XIII.
An Act Relating to the Nomination and the Election of County Commissioners and Members of the County Board of Education
by Districts in Dare County.
§ 1.   Districts established.
§ 2.   Candidates must reside in district.
§ 3.   Elections.
§ 4.   Members; vacancies.
§ 5.   Representatives of districts.
§ 6.   Additional members; notice of candidacy.
§ 7.   Expiration.
§ 8.   1996 election.
§ 9.   1998 election.
§ 10.   2000 election.
§ 11.   2002 election.
§ 12.   Time of election and expiration.
§ 13.   Chapter repealed.
§ 14.   Effective date; ratification.
Article XIV.
An Act Authorizing the Board of County Commissioners of Dare County to Adopt Rules and Regulations
Regulating or Prohibiting the use of loudspeakers and Other Public Address and Broadcasting Systems
Within Certain Beach Areas in Said County.
§ 1.   Authority granted.
§ 2.   Effective date of rules or ordinances adopted pursuant to act.
§ 3.   Penalties for violations of rules or ordinances.
§ 4.   Repeal of conflicting laws.
§ 5.   Effective date; ratification.
Article XV.
An Act for the Protection of Wildlife on Certain Portions of the Beach and on Roanoke Island in Dare County.
§ 1.   Possession and use of rifles and air rifles restricted in certain areas.
§ 2.   Penalties.
§ 3.   Repeal of conflicting laws.
§ 4.   Effective date; ratification.
Article XVI.
An Act to Authorize the Board of County Commissioners of Dare County to Establish, Maintain,
Develop and Improve Waterways in Dare County.
§ 1.   Board of commissioners authorized to investigate need for waterways, etc., upon petition.
§ 2.   Board of commissioners to make findings of fact.
§ 3.   Board of commissioners to proceed with project after findings of fact.
§ 4.   Authority to expend funds.
§ 5.   Authority to participate in matching fund programs, etc.
§ 6.   Repeal of conflicting laws.
§ 7.   Effective date; ratification.
Article XVII.
An Act to Authorize the Board of County Commissioners of Dare County to Establish the Office of Tax Collector,
and to Transfer All of the Duties, Powers and Responsibilities of Tax Collection to the Office of Tax Collector,
and to Relieve the Sheriff of Tax Collections.
§ 1.   Authority granted.
§ 2.   Appointment, term, compensation and bond of tax collector; employment of other personnel.
§ 3.   Powers and duties of tax collector.
§ 4.   Settlement for taxes with tax collector upon appointment.
§ 5.   Repeal of conflicting laws.
§ 6.   Effective date; ratification.
Article XVIII.
An Act Prohibiting the Use of Rifles in the Mainland Area of Dare County from the Northern Boundary Line
of the Town of Kill Devil Hills to the Northern Boundary Line of the County of Dare.
§ 1.   Discharge of rifles prohibited.
§ 2.   Act not applicable to law enforcement officers in pursuit of duties.
§ 3.   Act applicable only in certain areas.
§ 4.   Repeal of conflicting laws.
§ 5.   Effective date; ratification.
Article XIX.
An Act Enabling the County of Dare to Establish an Airport Authority.
§ 1.   Airport authority created; powers and jurisdiction generally.
§ 2.   Composition; appointment, terms and qualifications of members; oath; vacancies.
§ 3.   Members to constitute board of directors; compensation; voting; officers; meetings.
§ 4.   Specific powers and authority.
§ 5.   Issuance of bonds, etc., by airport authority.
§ 6.   Issuance of bonds by county.
§ 7.   Acquisition from county of property for construction, operation and maintenance of airport.
§ 8.   Lands owned, occupied, etc., by airport authority declared to be owned, occupied, etc., for public purpose.
§ 9.   Acquisition of private property or aviation easements.
§ 10.   Annual report to board of commissioners; limitations on powers.
§ 11.   Applicability of state statutes.
§ 12.   Employment of agents, engineers, attorneys, etc.; liability of members for actions.
§ 13.   Authority of county to appropriate funds.
§ 14.   Airport authority authorized to expend funds enter into contracts, etc.
§ 15.   Authority to deal with representatives of federal government.
§ 16.   Powers not effective until members appointed; formation of authority not mandatory.
§ 17.   Administration of funds.
§ 18.   Quarterly reports to board of commissioners.
§ 19.   Validity; repeal of conflicting laws.
§ 20.   Effective date; ratification.
Article XX.
An Act to Prohibit Hunting or Taking of Bear in Dare County.
§ 1.   Hunting or taking bear prohibited in Dare and Craven Counties.
§ 2.   Violations.
§ 3.   Repeal of conflicting laws.
§ 4.   Effective date; ratification.
Article XXI.
An Act Prohibiting the Running and Chasing of Deer with Dogs between March 1 and June 30 in Dare County.
§ 1.   Running or chasing deer with dogs prohibited between March 1 and June 30.
§ 2.   Allowing dogs to run or chase deer prohibited between March 1 and June 30.
§ 3.   Penalties.
§ 4.   Applicability of act.
§ 5.   Effective date; ratification.
Article XXII.
An Act Relating to the Distribution of the Profits from the Operation of the Dare County Alcoholic Beverage Control Board.
§ 1.   Distribution of profits regulated.
§ 2.   Repeal of conflicting laws.
§ 3.   Effective date; ratification.
Article XXIII.
An Act Authorizing the Board of Commissioners of Dare County to Create a Dare County Game and Wildlife Commission.
§ 1.   Creation of commission authorized; composition.
§ 2.   Appointment and terms of members; officers; quorum; meetings; members authorized to discuss or vote on own license applications.
§ 3.   Powers and duties generally.
§ 4.   Posting of license.
§ 5.   Hearing and review of licensing disputes; granting, altering, revocation, etc., of licenses; appeals from decisions of commission.
§ 6.   Penalty.
§ 7.   Enforcement.
§ 8.   Effective date; ratification.
Article XXIV.
An Act to Expressly Authorize a Local ABC Board to Enter Into a Contract With a Local Law Enforcement Agency.
§ 1.   Modification of G.S., § 18A-17(14).
§ 2.   Act applicable only to certain counties and municipalities.
§ 3.   Effective date; ratification.
Article XXV.
An Act to Authorize Dare County to Increase its Occupancy Tax, Levy a Restaurant Tax,
and Create a Tourism Board to Promote Tourism in Dare County.
§ 1.   Occupancy tax.
§ 2.   Definitions.
§ 3.   Additional occupancy tax.
§ 4.   Prepared food and beverage tax.
§ 5.   Penalties.
§ 6.   Dare County Tourism Board.
§ 7.   Use of proceeds of additional occupancy tax and prepared food and beverage tax.
§ 8.   Effective date; ratification.
Article XXVI.
An Act to Permit Municipalities Bordering on the Atlantic Ocean to Regulate Sewer Tie-Ons Within Their Corporate Limits,
and to Authorize Dare County to Levy an Excise Tax on Instruments Conveying Real Property in Dare County.
§ 1.   Adding to G.S. Chapter 160A.
§ 2.   Tax.
§ 3.   Terms of Board Members.
§ 4.   Effective date; ratification.
Article XXVII.
An Act to Exempt Real Estate Transfer Taxes Transfers to Secured Lenders Foreclosing Loans
or Accepting Deeds in Lieu of Foreclosure.
§ 1.   Amending G.S. Chapter 45.
§ 2.   Effective date; ratification.
Article XXVIII.
An Act to Allow the Dare County Board of Commissioners to Redistrict its Residency Districts
and Change the Manner of Election of the Board of Commissioners in Time for the 1992 Primary and Elections.
§ 1.   Repealing G.S. § 153A-60(4).
§ 2.   Repealing G.S. § 153A-61.
§ 3.   Rewriting G.S. § 153A-64.
§ 4.   Public hearing.
§ 5.   Repealing G.S. § 153A-22(g).
§ 5.1   Resolution may apply to 1992 primary and general elections.
§ 5.2   Local acts pertaining to establishment of districts repealed.
§ 6.   Act applicable only to Dare County.
§ 7.   Effective date; ratification.
Article XXIX.
An Act to Provide for an Election in the Northeasternmost Part of Dare County on the Question
of Establishing a Duck Area Beautification District
and to Provide for the Levy and Collection of Property Taxes in this District.
§ 1.   Election authorized.
§ 2.   Description of district.
§ 3.   Ballot.
§ 4.   District established; tax levy.
§ 5.   Nature of district; governing body.
§ 6.   Effective date; ratification.
Article XXX.
An Act to Provide for an Election Within the Duck Area Beautification District of Dare County to Authorize the Levy
and Collection of Ad Valorem Property Taxes for the Purpose of Constructing and Maintaining Sidewalks Within That District.
§ 1.   Election authorized.
§ 2.   Ballot.
§ 3.   Tax levy.
§ 4.   Governing body.
§ 5.   Effective date; ratification.
Article XXXI.
An Act to Allow Dare County to Establish a Special Leash Law District, Apply a Leash Law Within That District,
and Levy a Tax in that District for Enforcement of the Leash Law.
§ 1.   Creation of special districts.
§ 2.   Adoption of ordinance to apply only in special district; definitions.
§ 2.1.   Application of ordinance only in territory of proposed district.
§ 3.   Election authorized; tax levy.
§ 4.   Procedure and results of election.
§ 5.   Ballot.
§ 6.   Vote in favor.
§ 7.   Governing body; audit.
§ 8.   Payment for enforcement.
§ 9.   Act applicable only to Dare County.
§ 10.   Effective date; ratification.
Article XXXII.
An Act Making a Qualified Exception from the Public Records Act for the Dare County
and Pamlico County Geographical Information Systems.
§ 1.   Amending Chapter 285, Section 2 of the 1991 Sessions Law.
§ 2.   Effective date; ratification.
Article XXXIII.
An Act to Allow the County of Dare to Acquire Property for Use by the County Board of Education
§ 1.   Amending General Statutes, Section 153A-158.1(e).
Article XXXIV.
An Act to Permit Certain Beautification Districts to Hold ABC Elections.
§ 1.   Amending G.S. § 18B-600.
§ 2.   Effective date; ratification.
Article XXXV.
An Act to Provide that the Laws Relating to Motor Vehicles Apply on Streets Owned by the Colington Harbour Association, Inc.,
in Dare County, and to Provide that the Town of Manteo May Regulate Noise in the Atlantic Ocean
And other Waterways Adjacent to that Portion of the Town Within its Boundaries or Within its Extra Territorial Jurisdiction.
§ 1.   Applicability of General Statutes relating to the Colington Harbour Association, Inc..
§ 2.   No interference with ownership.
§ 3.   Speed limits unchanged.
§ 4.   Section 2 of Chapter 84 of 1995 Session Laws.
§ 5.   This act applies only to Dare County.
§ 6.   Effective date; ratification.
Editor’s Note:
   Set out in this part, in chronological order, are certain special acts of the state legislature relating to Dare County. Except for the addition of catchlines and the use of a uniform system of capitalization and spelling, such acts remain unchanged from the original enactments.  The original titles of the acts concerned have been used throughout as article heading. Historical citations following each section indicate the section of the original act from which such section is derived and, where applicable, the derivation of any subsequent amendments to such section, which amendments have been worked into their proper locations in the text.
ARTICLE I.  AN ACT TO LAY OFF AND ESTABLISH A NEW COUNTY BY THE NAME OF “DARE.”
Sec. 1.  County laid off and established; boundaries.
   That a new county is hereby laid off and established, to be formed out of portions of Currituck and Tyrrell and Hyde Counties, bounded as follows, to wit:  Beginning in the north of Long Shoals River at a point on the north side of said river known as Rawls' Point, thence running up said river to the dividing line between the Counties of Hyde and Tyrrell, thence running west said line to Alligator River, thence running the various courses of said river to its mouth, thence running a course across the Albemarle and Currituck Sounds, so as to strike a point on the Currituck Sound known as Lone Point of Marsh, thence running a northeast by east course to the Atlantic Ocean, thence running south along the sea beach to Hatteras Inlet, thence running a direct course across the Pamlico Sound to the place of beginning.
(Pub. Laws 1869-70, ch. 36, § 1.) 
Sec. 2.  County vested with rights of counties of state.
   That the County of “Dare” shall be and is hereby invested with all the rights of the counties of this state except as are hereafter provided.
(Pub. Laws 1869-70, ch. 36, § 2.)
Sec. 3.  Certain Township trustees to continue in office; vacancies in township boards of trustees.
   When the boundary line of said county shall divide any township heretofore established in either of the Counties of Currituck, Tyrrell or Hyde, any officer of the township board [of] trustees heretofore elected who shall reside within said County of “Dare,” shall continue to hold his office and exercise all the powers thereof in the County of “Dare” to which he was entitled in the county in which he was elected, and if there be a vacancy in any township board of trustees, the governor shall fill said vacancy, and the persons by him appointed shall hold his office until the first Thursday in August in the year one thousand eight hundred and seventy-one, and until his successor shall have qualified; and the regular election for said officers shall be held every two years thereafter.
(Pub. Laws 1869-70, ch. 36, § 3.) 
Sec. 4.  Appointment, powers and duties and term of first county commissioners; submission of question of formation of county to voters.
   That the governor shall, immediately after the passage of this act, appoint five commissioners for said County of “Dare” who shall, according to section three, article seven of the constitution, perform the duties therein required of county commissioners, and report to the next session of the general assembly, and shall hold and exercise all the powers and authorities, and be subject to the same penalties that county commissioners of the several counties in this state are subject to, and said commissioners shall hold their offices till the first Thursday in August in the year one thousand eight hundred and seventy-two, and until their successors shall have qualified: Provided, that before the governor makes such appointment he shall, at such time as he may deem proper and in such way as he may deem best, submit to the qualified voters embraced in the County of “Dare,” whether they wish said County of “Dare” to be established. If a majority of the votes be cast for “Dare,” then he shall at once organize the county as provided in this act: Provided further, that that portion of the citizens taken from the County of Currituck and attached to the County of “Dare,” shall not be released from their proportions of the outstanding county debt contracted for public improvement before the passage of this act, to be determined by the county commissioners of Currituck and “Dare” Counties.
(Pub. Laws 1869-70, ch. 36, § 4.)
Sec. 5.  Appointment and term of first county clerk.
   That the judge of the superior court in and for the first judicial district shall appoint a clerk of said county for the County of “Dare,” and the term of office of said clerk shall terminate at the same time as if he had been elected at the general election held in April, one thousand eight hundred and sixty-eight.
(Pub. Laws 1869-70, ch. 36, § 5.)
Sec. 6.  Extension to county of superior court jurisdiction.
   That the jurisdiction of the superior court be and the same is hereby extended to and over said County of “Dare” on the same manner as the said court has in and over the several counties in this state and the judge for the first judicial district shall hold the superior court for said County of “Dare” on the sixteenth Monday after the first Monday in March and October, and all cases both in civil and criminal within the bounds of said County of “Dare” shall be tried in the said court: Provided, that actions and suits affecting citizens in the county created by these acts pending in the superior courts of Currituck, Tyrrell and Hyde Counties may be continued in those counties at the option of the parties thereto, or of the solicitor, but when such cases and trials shall be transferred to the superior court of the County of “Dare,” there shall be no prejudice by reason of such transfer.
(Pub. Laws 1869-70, ch. 36, § 6.)
Sec. 7.  Temporary courthouse.
   That it shall be the duty of the county commissioners to procure a suitable building on Roanoke Island for the holdings of the courts for said county until a courthouse shall have been erected.
(Pub. Laws 1869-70, ch. 36, § 7.)
Sec. 8.    Use of Pasquotank County jail.
   That all persons who may be liable to imprisonment under any process either criminal or civil in “Dare” County, before the completion of the public jail in said county, shall be committed to the jail in Pasquotank County.
(Pub. Laws 1969-70, ch. 36, § 8.)
Sec. 9.  Applicability of act relating to townships.
   That the provisions of an act of the general assembly, ratified the tenth day of April, one thousand eight hundred and sixty-nine, entitled an act concerning townships, except when the same are inconsistent with the provisions of this act, shall be extended to the township to be established in said county.
(Pub. Laws 1869-70, ch. 86, § 9.)
Sec. 10.  When county allowed first member of house of representatives.
   That the said County of “Dare” shall not be allowed a member in the house of representatives till the next apportionment in the year one thousand eight hundred and seventy-two.
(Pub. Laws 1869-70, ch. 36, § 10.)
Sec. 11. Senatorial district established.
   That until after the next apportionment the County of “Dare” shall cast their votes for state senator with the second senatorial district.
(Pub. Laws 1869-70, ch. 36. § 11.)
Sec. 12. Selection of county seat.
   That the county commissioners appointed shall immediately select a site for the permanent seat of justice for said county, having in view the convenience and interest of the people in the county, and when they shall have located said seat of justice, it shall be the duty of said commissioners to purchase, or receive by donation for the County of “Dare,” a tract of land containing not less than one acre to be conveyed to the chairman of the board of county commissioners of said county and their successors in office, which land, when so purchased or donated, shall be deemed to be held by said chairman and his successors absolutely in fee simple for said County of “Dare,” upon which tract of land the courthouse and jail shall be erected, and where after the completion of the courthouse the courts of said county shall be held.
(Pub. Laws 1869-70, ch. 36, § 12.) 
Sec. 13. County commissioners to contract for building of courthouse and jail.
   That said county commissioners shall have full power to contract for the building of a suitable courthouse and jail for said county, of such size and dimensions and upon such plan as said commissioners shall determine upon, they being required to take bond and approved security from the contractors for the faithful execution of the work.
(Pub. Laws 1869-70, ch. 36, § 13.)
Sec. 14. Appointment of county surveyors.
   That the county commissioners shall as soon as practicable appoint one or more suitable persons to make a survey and plat of said County of “Dare,” he or they first taking an oath before some acting justice of the peace for the faithful discharge of his duty.
(Pub. Laws 1869-70, ch. 36, § 14.)
Sec. 15.  Tax levy for purpose of erecting courthouse and jail.
   That the county commissioners shall have power to levy a sufficient tax upon the property of said county to erect a suitable courthouse and jail in and for said County of “Dare”: Provided, that said tax shall be collected in the same manner as other county taxes.
(Pub. Laws 1869-70, ch. 36, § 15.)
Sec. 16. Effective date; ratification.
   That this act shall be in force from and after its ratification.
   Ratified the 3rd day of February, A.D. 1870.
(Pub. Laws 1869-70, ch.36, § 16.)
ARTICLE II. AN ACT TO AUTHORIZE THE COMMISSIONERS OF DARE COUNTY TO HAVE TRANSCRIBED DEEDS AND OTHER PAPERS OR RECORDS IN THESE COUNTIES OF HYDE, TYRRELL, ETC.
Editor’s Note:
   The preamble to Pub. Laws 1876-77, ch. 118,  from which this article is derived, read as  follows:
     “Whereas, the County of Dare was created out of the territories of the Counties of Hyde, Tyrrell and Currituck; and Whereas, the title deeds to the lands of the said County of Dare are  recorded only in the said Counties of Hyde, Tyrrell and Currituck; therefore, The General Assembly of North Carolina do enact”:
Sec. 1.  Authority granted.
   That the commissioners of the County of Dare are hereby authorized to have transcribed from the deed books of the said Counties of Hyde, Tyrrell and Currituck, all deeds of bargain and sale, deeds of trust, mortgages, bonds to make title, contracts to sell real estate, decrees or orders of court affecting the title of any real estate now lying in whole or in part, in the said County of Dare, and record the same, with all the certificates and probates thereto attached, on the regular deed books of the register's office for the County of Dare. All papers so transcribed and recorded shall be duly certified as a true copy of a deed recorded in the office of register of deeds for the County of         .
(Pub. Laws 1876-77, ch. 118, § 1.)
Sec. 2.  Effect of transcription and recording of deeds, mortgages, etc., requiring registration.
   All deeds, deeds of trust, mortgages, or other instruments of writing, requiring registration, when so transcribed and recorded as above prescribed, shall, in all respects, have the same effect as if they had been originally registered in the County of Dare when said County of Dare was first created.
(Pub. Laws 1876-77, ch. 118, § 2.)
Sec. 3.  Compensation.
   And said commissioners are hereby authorized to make reasonable compensation for the same.
(Pub. Laws 1876-77, ch. 118, § 3.)
Sec. 4  Effective date; ratification.
   That this act shall be in force from and after its ratification.
   Ratified the 23rd day of February, A. D. 1877. (Pub. Laws 1876-77, ch. 118, § 4.)
ARTICLE III.  AN ACT TO ESTABLISH THE DIVIDING LINES BETWEEN CERTAIN SOUNDS IN DARE COUNTY, RELATIVE TO THE ENFORCEMENT OF THE LAWS IN THE  SAID SOUNDS BY THE FISH COMMISSIONER.
Sec. 1.  Line established.
   That the dividing line between Albemarle and Croatan, Croatan and Roanoke, Croatan and Pamlico, Roanoke and Pamlico Sounds shall be the same as dotted red lines on chart number one hundred and forty, special issue by the United States Coast and Geodetic Survey of February, one thousand nine hundred and eleven.
(Pub. Laws 1911, ch. 178, § 1.)
Sec. 2.  Effective date; ratification.
   That this act shall be in force from and after its ratification.
   Ratified this the 8th day of March, A. D. 1911.
(Pub. Laws 1911, ch. 178, § 2.)
ARTICLE IV.  AN ACT ALLOWING ATLANTIC TOWNSHIP, CURRITUCK COUNTY, TO BECOME PART OF DARE COUNTY BY ACT OF THE  VOTERS OF SAID TOWNSHIP.
Sec. 1.  Special election to be held on Petition; advertising election.
   That, upon the written petition submitted to the board of county commissioners of Currituck County by one-third of the qualified voters of Atlantic Township, Currituck County, requesting an election to determine whether or not said Atlantic Township shall be added to Dare County, it shall be the duty of the said board of county commissioners to call an election to be held in said Atlantic Township at some time not less than thirty days from the date of said order, and to advertise said election in some newspaper having circulation in said township and in at least three public places.
(Pub.-Loc. Laws 1919, ch. 163, § 1.)
Sec. 2.  Qualifications of voters and method of conducting special election.
   The qualified voters at the said election shall be those qualified to vote at the preceding regular November election and those who may become of age and qualified since the preceding regular November election. The board of county commissioners of Currituck County shall determine the qualifications of those entitled to vote in a special election held under this act, and any decision of the county commissioners on this subject shall be final and conclusive. The election held under the provisions of this act shall be conducted in the same manner as is now or may hereafter be prescribed by law for holding elections for members of the general assembly, except as herein provided: Provided, that the said board of county commissioners shall appoint registrars of election, judges, or inspectors, and any other election officers, and that registration and challenge of voters shall be conducted in the same manner as is now or may hereafter be provided for the election of members of the general assembly.
(Pub.-Loc; Laws 1919, ch. 163, § 2.)
Sec. 3.  Form of ballots; count and return of votes; reports of result to Dare County board of commissioners.
   That at the said election held under the provisions of this act the ballots tendered and cast by the voters shall have written or printed upon them “For Annexation to Dare County,” or “Against Annexation to Dare County”; and all electors who favor such annexation shall vote a ballot having written or printed thereon “For Annexation to Dare County,” and those opposed to annexation shall vote a ballot having written or printed thereon “Against Annexation to Dare County.” The votes shall be counted at the close of the polls and returned to the board of county commissioners or clerk of the board of county commissioners within three days after the election, and said board shall tabulate and declare the result of the election not later than the next regular meeting of the said board following the return of the vote of the said election; all of which shall be recorded in the minutes of the said board of county commissioners, and no other recording of the same shall be necessary. The result of the vote shall be counted, declared, and reported to the board of county commissioners as prescribed by law for the election of the members of the general assembly.  Immediately upon the declaration of the result of the election the said board of county commissioners of Currituck County shall notify the board of county commissioners of Dare County of the same.
(Pub.-Loc. Laws 1919, ch. 163, § 3.)
Sec. 4.  Effective date of annexation; name of township; line to be surveyed and marked.
   That if a majority of the votes cast in the said election shall be “For Annexation to Dare County,” then the said Atlantic Township shall, upon the first Monday succeeding the declaration by the board of county commissioners of Currituck County of the result of the election, become and be a part of Dare County and shall be subject to all laws relating to such county. The said township shall be known as Atlantic Township, Dare County. The board of commissioners of the said Counties of Currituck and Dare shall cause a line between Atlantic Township and Currituck County to be distinctly and definitely located, surveyed and marked according to the rules for settling county lines prescribed by the general laws of the state, within six months from the date of the transfer of the said territory.
(Pub.-Loc. Laws 1919, Ch. 163, § 4.)
Editor's note:
   For additional legislative acts concerning establishment of boundary between Dare and Currituck Counties, see Pub.-Loc. Laws, Extra Session 1920, ch. 202 (article VI of this part)  and Pub.-Loc. Laws 1927, ch. 382 (article VII of this part).
Sec. 5.  Annexed property not to be taxed for bonded indebtedness.
   That the property lying within the said Atlantic Township annexed as provided in this act shall not be taxed to meet any part of such bonded indebtedness as may be upon the County of Dare at the time of annexation, and said Atlantic Township shall be in no way liable for said bonded indebtedness.
(Pub.-Loc. Laws 1919, ch. 163, § 5.)
Sec. 6. Collection of taxes already levied by Currituck County.
   That all taxes that have been levied by the County of Currituck for property in Atlantic Township and that may be due at the time of transfer shall remain and be the property of Currituck County and shall be collectible by said county, and the officers of said County of Currituck shall have full and ample authority and power to enter upon said territory for the purpose of collecting or enforcing the payment of such taxes, and to that end shall remain clothed with all the power heretofore vested in them by law.
(Pub.-Loc. Laws 1919, ch. 163, § 6.)
Sec. 7.  Justices of peace to continue to hold office.
   That all justices of the peace residing in the said Atlantic Township at the time of the said transfer to Dare County shall continue to hold their offices and shall be to all intents and purpose justices of the peace of Atlantic Township, Dare County, until the expiration of their terms of office.
(Pub.-Loc. Laws 1919, ch. 163, § 7.) 
Sec. 8. Jurisdiction of causes not affected.
   That the jurisdiction of all causes, either civil or criminal, commenced or pending in the Superior Court of Currituck County prior to the transfer of territory provided for in this act shall be unaffected by said transfer.
(Pub.-Loc. Laws 1919, ch. 163, § 8.) 
Sec. 9. Repeal of conflicting laws.
   That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed.
(Pub.-Loc. Laws 1919, ch. 163, § 9.)
Sec. 10. Effective date; ratification.
   This act shall be in force from and after its ratification.
    Ratified this 7th day of March, A. D. 1919.
(Pub.-Loc. Laws 1919, ch. 163, § 10.)
   ARTICLE V. AN ACT TO INCREASE THE MEMBERSHIP OF THE BOARD OF COMMISSIONERS OF DARE COUNTY.
Sec. 1. Board of commissioners to consist of five persons, effective first Monday in December, 1920; election to be held every two years.
   That on and after the first Monday in December, one thousand nine hundred and twenty, the board of commissioners for the County of Dare shall consist of five persons, to be elected at the next general election to be held in the year one thousand nine hundred and twenty and every two years thereafter.
(Pub. Laws, Extra Sess. 1920, ch. 96, § 1.)
Editor’s Note:
   For later provisions concerning election of commissioners, see Sess. Laws 1947, ch. 343, as amended (article XIII of this part).
Sec. 2.  Repeal of conflicting laws.
   That all laws and clauses of laws in conflict with this act are hereby repealed.
(Pub. Laws, Extra Sess. 1920, ch. 96, § 2.)
Sec. 3.  Effective date; ratification.
   That this act shall be in force from and after its ratification.
   Ratified this 23rd day of August, A.D. 1920.
(Pub. Laws, Extra Sess. 1920, ch. 96, § 3.)
ARTICLE VI.  AN ACT TO ESTABLISH THE LINE BETWEEN ATLANTIC TOWNSHIP, DARE COUNTY, AND POPLAR BRANCH TOWNSHIP, CURRITUCK COUNTY, AND TO REGULATE FISHING IN ATLANTIC TOWNSHIP.
Editor’s Note:
   See also Pub.-Loc. Laws 1927, ch. 382 (article VII of this part).
Sec. 1.  Boundary defined; fisheries commission board to mark and buoy line in Currituck Sound.
   That the line marking the northern boundary of Atlantic Township (now a part of Dare County) shall be a line running east and west as agreed upon by E.R. Johnson and B.G. Crisp, commissioners appointed by the boards of commissioners of Currituck and Dare Counties, respectively, in pursuance of section four, chapter one hundred and sixty-three, Public Laws of nineteen and nineteen, as located upon the land and extending to the middle of Currituck Sound, and the western boundary of said township shall extend with the middle of Currituck Sound, southward from said northern limit to Albemarle Sound, and it shall be the duty of the fisheries commission board to mark and buoy the said line in Currituck Sound as provided for marking other fishing territory.
(Pub.-Loc. Laws, Extra Sess. 1920, ch. 202, § 1.)
Sec. 2.  Certain fishing laws repealed.
   That all laws relating to fishing in Currituck Sound, or any part thereof now in Dare County so far as the same apply to Atlantic Township as above defined, are hereby repealed.
(Pub.-Loc. Laws; Extra Sess. 1920, ch. 202, § 2.)
Sec. 3.  Effective date; ratification.
   That this act shall be in force from and after its ratification.
   Ratified this 26th day of August, A.D. 1920.
(Pub.-Loc. Laws, Extra Sess. 1920, ch. 202, § 3.)
ARTICLE VII.  AN ACT TO AUTHORIZE THE BOARDS OF COUNTY COMMISSIONERS OF DARE AND CURRITUCK COUNTIES TO ESTABLISH AND MARK THE DIVIDING LINE BETWEEN SAID COUNTIES.
Editor’s Note:
   The preamble to Public-Local Laws 1927, chapter 382, from which this article is derived, read as follows: whereas, under section four of chapter one hundred and sixty-three of the Public Laws of one thousand nine hundred and  nineteen, the boards of commissioners of the Counties of Dare and Currituck caused a line between Atlantic Township, in Dare County, and Currituck County to be located and marked;  and, Whereas, due report of same was made to the boards of commissioners of said counties but therefore, “The General Assembly of North Carolina do enact”:  See also Pub.-Loc. Laws, Extra Sess. 1920, ch. 202 (article VI of this part).
Sec. 1.  Commission to be established; each county to bear one-half of expenses; compensation of commission.
   That the boards of commissioners of Dare and Currituck Counties are hereby authorized and directed to appoint one person from each county to constitute a commission to establish and mark the dividing line between Atlantic Township, Dare County, and Currituck County, and make due report thereof to the board of county commissioners of each county, the same to be recorded in the office of the register of deeds of each county; each county bearing one-half of the expenses of said commission. The county commissioners of each county may fix such compensation for the men so appointed as they deem proper.
(Pub.-Loc. Laws 1927, ch. 382, § 1.)
Sec. 2.  Fisheries commission board to mark boundary.
   That the fisheries commission board shall mark the boundary so established by the above commission.
(Pub.-Loc. Laws 1927, Ch. 382, § 2.)
Sec. 3.  Repeal of conflicting laws.
   That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed.
(Pub.-Loc. Laws 1927, ch. 382, § 3.)
Sec. 4.  Effective date; ratification.
   That this act shall be in force and effect from and after its ratification.
   Ratified this the 3rd day of March, A.D. 1927.
(Pub.-Loc. Laws 1927, ch. 382, § 4.)
   ARTICLE VIII. AN ACT TO CONSOLIDATE THE TOWNSHIPS OF HATTERAS AND KENNAKEET IN DARE COUNTY, AND TO PROVIDE FOR THE ELECTION OF ONE MEMBER OF THE COUNTY BOARD OF COMMISSIONERS AND ONE MEMBER OF THE COUNTY BOARD OF EDUCATION FROM SUCH CONSOLIDATED TOWNSHIP.
Sec. 1.  Townships consolidated; name of consolidated township.
   That the Townships of Hatteras and Kennakeet in Dare County be and the same are hereby consolidated into one township to be known as Hatteras-Kennakeet Township for the purposes set out in this act only.
(Pub.-Loc. Laws 1933, ch. 465, § 1.)
Sec. 2.  Representation of consolidated township on boards of commissioners and of education of  Dare County.
   That Hatteras-Kennakeet Township in its representation on the board of commissioners of Dare County shall be entitled to one and only one member, and in its representation on the board of education of Dare County shall be entitled to one and only one member.
(Pub.-Loc. Laws 1933, ch. 465, § 2.)
Editor’s Note:
   For later provisions as to composition and  election of board of commissioners and board of  education, see Sess. Laws 1947, ch. 343, as  amended (article XIII of this part).
Sec. 3.  Nomination of township candidate for board of commissioners.
   That at the regular time for holding primaries in Dare County for the nomination of candidates for the various county offices of said county there shall be nominated by the Democratic electors of said township one Democratic candidate for county commissioner and who, by the board of elections of said county, shall be regularly and duly certified as one of the Democratic nominees for said board of commissioners, and whose name shall be placed upon the county ticket along with the names of all other nominees of said county, to be voted upon by the electors as a whole in the general election for said county.
(Pub.-Loc. Laws 1933, ch. 465, § 3.)
Sec. 4.  Nomination of township candidate for board of education.
   That at the regular time for holding primaries in Dare County for the nomination of candidates for the various county offices in said county there shall be nominated by the Democratic electors of said township one Democratic candidate for the board of education of Dare County and who, by the board of elections of  said county, shall be regularly and duly certified as one of the Democratic nominees for the board of education of Dare County.
(Pub.-Loc. Laws 1933, ch. 465, § 4.)
Sec. 5. Repeal of conflicting laws.
   That all laws and clauses of laws in conflict with this act are hereby repealed.
(Pub.-Loc. Laws 1933, ch. 465, § 5.)
Sec. 6.  Effective date; ratification.
   That this act shall be in force and effect from and after its ratification.
   Ratified this the 8th day of May, A.D. 1933.
(Pub.-Loc. Laws 1933, ch. 465, § 6.)
   ARTICLE IX.  AN ACT TO CREATE A FIRE DISTRICT FOR THE PURPOSE OF LEVYING TAXES THEREIN CONSISTING OF ROANOKE ISLAND OUTSIDE OF MANTEO AND AUTHORIZING COOPERATION WITH MANTEO IN FIRE PROTECTION.
Sec. 1.  Roanoke Island Fire District created; composition and purpose.
   A fire district to be known as the Roanoke Island Fire District is hereby created as a municipal corporation. Said fire district consists of all of Roanoke Island in Dare County, North Carolina, except that part thereof within the corporate limits of Manteo. The said fire district is hereby created for the purpose of providing means to secure fire protection for property within said district.
(Pub.-Loc. Laws 1937, ch. 246, § 1.)
Sec. 2.  Annual tax levy.
   For the purpose of providing funds for securing fire protection in said district, the board of commissioners of Dare County are hereby authorized and empowered to annually levy taxes on all real and personal property within said district at a rate not exceeding twenty-five cents ($.25) on each one hundred dollars ($100.00) in value on taxable property therein. The valid tax is to be levied at the same time other taxes are levied in said county and collected in the same manner as other taxes are collected. 
(Pub.-Loc. Laws 1937, ch. 246, § 2.)
Sec. 3. Tax proceeds to be paid to Town of Manteo.
   That the board of commissioners of Dare County are authorized, empowered and directed to cause to be paid over to the governing authorities of the Town of Manteo all of the proceeds of taxes levied and collected under the authority of this act, and said taxes so levied and collected shall be used exclusively for said purpose.
(Pub.-Loc. Laws 1937, ch. 246, § 3.)
Sec. 4. Town of Manteo to use tax funds for Providing and maintaining fire equipment and providing fire protection within fire district.
   That the governing authorities of the Town of Manteo are authorized and empowered to receive the funds collected from taxes levied as aforesaid and use said funds exclusively for the purpose of providing fire equipment, maintaining same and providing fire protection within the fire district herein organized, or using the same in conjunction with taxes levied and collected by the Town of Manteo and used for maintaining its fire department. The Town of Manteo is hereby fully authorized and empowered to provide fire protection within the said fire district and make provision for the purchase of suitable fire fighting equipment, which may be necessary for providing reasonable fire protection within said territory. Fire fighting equipment purchased by funds from taxation  within said district shall remain the property of the said district and shall be plainly designated by proper markings thereon indicating ownership thereof, but same shall be and remain in the custody and control of the Town of Manteo for use by its fire department which shall serve jointly the Town of Manteo and the said fire district.
(Pub.-Loc. Laws 1937, ch. 246, § 4.)
Sec. 5.  Town of Manteo to make annual report to Dare County board of commissioners.
   The governing authorities of the Town of Manteo shall annually on or before the first day of June in each year, make a report to the board of commissioners of Dare County, giving full information as to funds received from the taxes herein levied and the use and application thereof, and shall at the same time furnish to the said board of commissioners of Dare County [a report] covering the activities authorized by and under the provisions of this act.
(Pub.-Loc. Laws 1937, ch. 246, § 5.)
Editor’s Note:
   The words “[a report]” near the end of this section did not appear in the original act but ere added by the editor.
Sec. 6.  Repeal of conflicting laws.
   All laws and parts of laws in conflict herewith are hereby repealed.
(Pub.-Loc. Laws 1937, ch. 246, § 6.)
Sec. 7.  Effective date; ratification.
   This act shall be in full force and effect from and after its ratification.
   In the general assembly read three times and ratified, this the 10th day of March, A.D. 1937.
(Pub.-Loc. Laws 1937, ch.  246, § 7.)
   ARTICLE X.  AN ACT TO ESTABLISH A  QUASI-PUBLIC CORPORATION TO BE KNOWN AS THE DARE COUNTY COMMUNITY CENTER.
Sec. 1. Dare County Community Center created; purpose.
   That a quasi-public corporation to be known as the Dare County Community Center is hereby created for the purpose of acquiring, maintaining and operating a community building and public grounds in the Town of Manteo in Dare County.
(Pub.-Loc. Laws 1930, ch. 542, § 1.)
Sec. 2.  Composition, selection and terms of board of trustees; vacancies on board of trustees.
   The governing body of the Dare County Community Center shall be a board of trustees composed of five members who shall be elected by the county commissioners and the county board of education in joint session. Within thirty days after the ratification of this act the chairman of the board of county commissioners shall call a joint session of the board of county commissioners and the board of education for the purpose of selecting five trustees, who shall serve until the first day of January one thousand nine hundred forty-three, or until their successors are duly elected and qualified, and thereafter shall be elected for a term of four years. Any vacancy occurring by death, resignation or removal for other cause, shall be filled by the county commissioners and the county board of education in joint session.
(Pub.-Loc. Laws 1939, ch. 542, § 2.)
Sec. 3.  County board of education to convey certain land.
   The board of education of Dare County is hereby authorized and directed to make, execute and deliver to the Dare County Community Center, without consideration, a deed conveying the tract of land now owned by the said board of education of Dare County, upon which the community building now stands, and which was a part of the tract of land upon which the old Manteo School was located, the said lot located in the Northeast intersection of the North Carolina State Highway, number three hundred forty-five and Highway Street in the Town of Manteo.
(Pub.-Loc. Laws 1939, ch. 542, § 3.)
  Sec. 4.  Powers and duties of board of trustees.
   The board of trustees of the Dare County Community Center shall have full power and authority to acquire by purchase, gift, or otherwise, lands, property or equipment for the purpose of carrying out the provisions of this act; to dispose of same by public or private sale; to lease any part of parts of said building or grounds for such consideration as the board of trustees shall deem to be adequate, and any money received in consideration of any such lease shall be used by the board of trustees for the maintenance and improvement of the buildings and grounds; to mortgage or otherwise encumber its property for the purpose of borrowing money in carrying out the provisions of this act; to execute any note or other paper required to complete any loan or other transaction; and to control, manage and operate its buildings and grounds, and to make any rules and regulations necessary for the proper administration of the Dare County Community Center and for the purpose of carrying out the provisions of this act.
(Pub.-Loc. Laws 1939, ch. 542, § 4.) 
Sec. 5.  Repeal of conflicting laws.
   That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed.
(Pub.-Loc. Laws 1939, ch. 542, § 5.)
Sec. 6.  Effective date; ratification.
   That this act shall be in full force and effect from and after its ratification.
   In the general assembly read three times and ratified, this the 3rd day of April, 1939.
(Pub.-Loc. Laws 1939, ch. 542, § 6.)
   ARTICLE XI.  AN ACT TO PROHIBIT THE OPERATION OF MOTOR VEHICLES IN CERTAIN BEACH AREAS IN DARE COUNTY.
Sec. 1.  Operation of motor vehicles or aircraft prohibited in described areas.
   Except as provided in section 2 of this act it shall be unlawful for any person to operate any motor vehicle, or land or take off in any aircraft, except in case of emergency, within a beach area in Dare County described as follows:
   Beginning at a point, the northeast corner of the Wright Memorial Bridge, running thence in a straight line directly east to the low tidewater line on the ocean front, thence in a southerly direction along the ocean front with the low tidewater line, twenty miles more or less to a point in said low tidewater line, said point being directly east of the southeast corner of the Roanoke Sound Bridge; thence in a straight line directly west to the southeast corner of the Roanoke Sound Bridge; thence with the eastern right-of-way line of U. S. Highway No. 158 to the point of beginning. 
   The provisions of this chapter shall also apply to that portion of the beach area beginning at a point in the low tidewater line on the ocean front directly east of the southeast corner of the Roanoke Sound Bridge and running thence in a southeasterly direction with the low tidewater line a distance of eight miles to a point on the low tidewater line, thence in a line directly west to a point where said line intersects the eastern boundary line of the proposed extension of the highway leading in a southerly direction toward Oregon Inlet, thence in a northerly direction along the eastern boundary line of said highway to a point therein directly west of the point of beginning, thence in a direct easterly line to the point of beginning. 
   The provisions of this chapter shall also apply to that portion of the beach area beginning at a point on the low tidewater line on the Atlantic Ocean front which said point is intersected by an extension of the northern margin of the right of way of U. S. Highway No. 158, extending from Wright Memorial Bridge to the Dare Beach area and the Atlantic Ocean, and running thence in a northerly direction along the low tidewater line on the Atlantic Ocean front a distance of four miles more or less to the northern boundary of that subdivision known as Hargraves Beach, map or plat of said subdivision being recorded in map book 2, page 3, in the public registry of Dare County, North Carolina, and running thence in a westerly direction along the northern boundary of Hargraves Beach to the eastern margin of that North Carolina state paved highway extending from Kitty Hawk to Duck, North Carolina and running thence in a general southerly direction along the eastern margin of the aforesaid North Carolina state highway to its point of intersection with U.S. Highway No. 158 and running thence in an easterly direction along the northern margin of the right of way of U.S. Highway No. 158, or an extension thereof, to the point of beginning.
(Sess. Laws 1947, ch. 192, § 1; Sess. Laws 1951, ch. 305, § 1; Sess. Laws 1959, ch. 503, § 1.)
Sec. 2.  Exceptions.
   The prohibitions against the operation of motor vehicles contained in this act shall not apply to motor vehicles operated upon any regularly established or dedicated road or driveway nor to the operation of motor vehicles on private property by the owners of such property, or members or their immediate family, or by bona fide guest with the written permission of such owner; neither shall the prohibitions contained in this act apply to the official operation of motor vehicles or aircraft belonging to or used by the United States Coast Guard Service. 
   The prohibitions contained in this act shall not apply to the operation of motor vehicles or automotive equipment belonging to and used and operated by commercial fishermen only while and as such fishermen are actually engaged in fishing or setting of  seines from or in the Atlantic Ocean. Provided, however, that commercial fishermen engaged in fishing or setting of nets or seines in the Atlantic Ocean abutting private property shall have the permission of such abutting property owners and provided that nothing in this act shall be construed to authorize, permit or allow commercial fishermen or any other persons to drive across, enter upon or conduct their fishing operations on any private property other than that owned or leased by them except for permission of the owners in the above described areas.
(Sess. Laws 1947, ch. 102, § 2; Sess. Laws 1957, ch. 1035, § 1; Sess. Laws 1967, ch. 472, § 1.)