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Bodies of two brothers in missing helicopter recovered. Nags Head Police seek hit-and-run driver. OBX National Park sites see big visitor s. May 29, about 8 a. As Bob Hovey approaches the path to the beach, his cellphone is recording when he is confronted by a man and a woman who tell him he is not permitted to use the access.

Widely viewed on social media, the video dramatized a longstanding dispute between the Sand Dollar Shores Homeowners Association HOA and Hovey, the owner of Duck Village Outfitters, and put the town in the middle of a wider debate over public access to the public beach. At the heart of the dispute is whether the Sea Breeze access and others in Duck are reserved for the exclusive use of HOA property owners or are available to the public.

The fund was established under state legislation in authorizing the county to assess an additional 2 percent occupancy tax paid by visiting renters solely for beach nourishment.

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All of the towns, except Manteo, have tapped the fund for beach work. The county provides no funding from county property tax revenues. Nourishment projects require a permit from the U. Army Corps of Engineers, which is responsible for oversight but provides no funding. The dry sand beach is deeded to private property owners but can used by anyone under the Public Trust Doctrine in North Carolina. Here is what the Corps says about access in the context of beach easements provided by oceanfront property owners for nourishment work:.

The Corps requires that the beach remain open to the public for use. The public will be able use the beach on which the easement has been placed in a reasonable and lawful way. It does not, however, turn the beach into a municipal beach that is controlled by the government. It still remains private property. In addition, the public will not be permitted to use any portion of the property beyond restrictions set in the easement. For example, the public is not permitted to traverse the property in order to get to the beach. In North Carolina, the beach to the dune line is considered public and anyone can use it.

Access, however, is not a public right. If a property owner does not wish to grant access, they cannot be compelled to. The town is not unique in that regard. Southern Shores has no public access and many of the villages on Hatteras Island have very limited options.

How Duck was developed, though, was unlike the other Outer Banks towns. But in Duck there are wide distances between the state road and the beach. By comparison, as Ocean Boulevard travels through Southern Shores, single lots separate the road and the beach. When the county first platted Duck, there were multiple properties between N.

They divided them up into as many parcels as they thought they could make the most money. To be marketable, there must be access to a property. To do that, Hovey says, the developers took a small slice out of properties going to the ocean.

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Unlike most states, North Carolina towns and counties neither own nor maintain public ro; that is solely the responsibility of the state. It did not end at a cul-de-sac or at an oceanfront property. They noted that the language is standard for granting an easement for public use ro, but that the grant does not extend to private property on the beach, noting that the access is deated for the private use of the HOA.

In their motion to dismiss the case, Sand Dollar Shores attorneys pointed out that to be public access the easement would have to be specifically deated as public access. The easement language does not do that. According to Hovey, he simply ran out of money to pursue the case and it was dismissed but never resolved in The judge dismissed the case without prejudice — a finding that allows the suit to be reinstated at a future date.

Looking south from the Field Research Facility at about a quarter mile of open beach. Army Corps of Engineers. When Hovey posted the video of his confrontation and arrest on Facebook and Youtube, it quickly gathered thousands of hits, and much of the reaction held Duck responsible for the lack of public access. Town Manager Chris Layton is quick to push back against that. Duck did not incorporate until May of20 years after the oceanfront properties had been platted. Much of the property had already been sold when the town incorporated.

Even if an access was deated public, it would not mean that the path or trail would be immediately available for public use. Most of the streets running to the ocean end in cul-de-sacs or dead ends. That certainly increases the room that you need.

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We are talking about ro that are in subdivisions. At the June 5 Town Council meeting, Mayor Don Kinston, responding to an from Hovey, seemed to acknowledge in his response that Duck would have to address public access. Staff will develop a plan for this discussion over the coming months. The first public forum after the May 29 incident, the June 5 Town Council meeting was notable for its lack of rancor.

Twelve speakers came to the podium. Only one spoke in favor of continued private access. That is no longer the case with access controlled by a locked gate.

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The town is aware of the potential for public access on the property, according to Layton, and has taken steps to make it easier for the public to use it if it becomes available. If it ever did come available, there would be one other hurdle to it becoming developed as residential. But we asked. And we got a no. And we asked again and we got a no.

Nothing has changed. The scientists, engineers and researchers of the Field Research Facility FRF place the safety of the public and the citizens of the Town of Duck as their highest priority. Since its establishment inthe FRF has acted in accordance with public land and safety policies and in accordance with DoD guidelines.

To successfully perform this important mission, a wide range of measuring instruments lining the shore and immediate areas and sensors not visible above the water are needed. This equipment can pose safety concerns to individuals who may walk, swim or surf in these areas. s have been posted alerting the public to the potential dangers and access to these areas is prohibited.

Yet public access to the FRF seems to be the gold standard, something Hovey feels may be the best way out for everyone. That would be a win for everybody. Can somebody please address the question of beach nourishment in Duck. The only way to receive public money was to have public access to the beach. If they did receive beach nourishment money and they have no public access then every taxpayer in Dare County should be entitled to a refund check. You are confusing two different issues access to get to the beach and the ability to be on the beach.

The latter is the issue being addressed here and there is no public access to the beaches of Duck period, however anyone member of the public can use the beach up to the dune line or high tide or some other measure. NC has always been this way and the pumping of sand did not change this.

Like it or not the land behind whatever delineator there may be is private property. Rob Morris. John — The oceanside property owners in Duck pay extra taxes for beach nourishment. The share coming from the county is occupancy tax revenue dedicated specifically for beach nourishment by state law. So technically, the tourists are paying for it and not other taxpayers in Dare County. The public access rule applies to federal funding, as I understand it. It will be interesting to see if that comes into play when they ask for reimbursment from FEMA for sand lost during a named storm.

The rest comes from the occupancy tax that Duck contributes more than we get back. Disecting it further if it is in fact which it is, a public beach you can call it a human rights violation and ultimately the beach is supposed to be available to public people Look people was Hovey or anybody else going to the beach spraying graffiti no. Was he doing anything other than going to the beach no so as long as no one is disturbing anything. People be available to put yourself in others shoes.

Be happy start a conversation with a stranger you might make a friend. Not committing a more serious crime does not permit you commit lesser crimes. He is trespassing and there is no recourse and he actually made the situation a lot worse by making a scene. You may not agree with it, but the people who own those neighborhoods have a right to prevent trespass. There are plenty of other places to access the beach, but unfortunately you have to drive.

My street is public, but Sweet woman want real sex Nags Head beach access is private. I am certain there is more to this story than what he is telling us about. This is not kindergarten, so save the sharing lessons for your hippie friends.

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How about you give us your Manteo address so we can all share your property. He was running a business from private property.

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He runs surf lessons and owns multiple surf shops. He has a personal bone to pick and used social media to fool people into thinking he was a victim. The town of Duck does not, and should not strive be all things to all people.

This is a non-problem searching for a solution. This appears to me to be more about drawing attention to himself, than anything real concern about beach access rights. The town should focus their energies on real issues, not manufactured ones. NO ONE has ever said that.

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The town manager just provided that FACT in the last town meeting. Not on all but a lot of the ro. If he took it to court it should have been pretty straight forward, read what the easement is for. But being arrested for being on a access easement. How are you going to police that? Just because someone calls and says you are on their property but they dont realize there is an easment? Is the cop supposed to look up who has access to which easment?.

Soon you will have to have ID and go through a metal detector to get into Duck. Or maybe thats why the traffic always sucks in Duck! I will never spend a dime in that town again. The Voice has been late to the party on this issue.

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