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Town of Duck beach access saga

Town of Duck beach access saga




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RE: Town of Duck beach access saga




It would be great for public access at Duck Pier but ...
access to the pier is all the Federal Government and has nothing to do with Dare County or the town of Duck and...
I doubt the Federal Government will care or move on that issue anytime soon.





RE: Town of Duck beach access saga




Was the pier once accessible to the public?


RE: Town of Duck beach access saga




As far as I know it was never public. You could schedule a tour of the facility until 9/11 happened, I think. This is a research pier and I cannot see it going public.


RE: Town of Duck beach access saga




This guy is a bit off his rocker.

I remember the videos posted over the summer.

Will be interesting to see the outcome.

As for the Pier, I never knew it to be accessible, as it was Federally owned.


RE: Town of Duck beach access saga




That pier has all sorts of research equipment on it, under it and around it. It's purpose was never for public use.


RE: Town of Duck beach access saga




They did have open house at the pier on occasions and you could schedule a tour, but it was never just open to the public as I remember. To think he is going to get parking and access where there is no room for it at the cul-de-sacs seems a bit wishful. I thought he was just wanting walk on access at the accesses at the cul-de-sacs.



RE: Town of Duck beach access saga




Was the pier once accessible to the public?

marylander


The pier itself was/is not open to the Public, however the grounds adjacent to the pier did once have Public Access to the beach along with a picnic area. However as it is Federal property , this area was closed after 9/11 and remains closed today.




RE: Town of Duck beach access saga




And off street parking -does he mean all over Duck? Or just the road he has issues with?


RE: Town of Duck beach access saga




And off street parking -does he mean all over Duck? Or just the road he has issues with?

colleen40


Good question and probably not something the owners there would want changed, renters maybe would.


RE: Town of Duck beach access saga




Off street parking all over -Fire safety would come into play. Some roads are not wide enough with a car parked on side of street to safely allow a fire truck/trucks.


RE: Town of Duck beach access saga




The town of Duck and it’s leaders should be ashamed of themselves and their poor behavior


RE: Town of Duck beach access saga




The town of Duck and it’s leaders should be ashamed of themselves and their poor behavior

ish


Specifically, what of what poor behavior should they be ashamed?


RE: Town of Duck beach access saga




If you are talking about the research station.
Look it up. This place does very important research for our coast and environment as well.
I would think we should give them there space.


RE: Town of Duck beach access saga




Looking at the message posted by hoi toide, it's hard to believe that Hovey is genuine. First he calls Duck residents defending their decades-old private property rights "terrorists," then he claims he intends no hard feelings or bad vibes with Duck citizens and town officials. Hovey seems to be the one creating hard feelings and bad vibes.

Also, has anyone actually driven down the roads leading to the beach in Duck? They're so narrow that you're lucky if two full-size pickups or SUVs can pass each other going opposite ways. There's no way parking can be allowed on those roads without creating fire and emergency vehicle hazards.


RE: Town of Duck beach access saga




Looking at the message posted by hoi toide, it's hard to believe that Hovey is genuine. First he calls Duck residents defending their decades-old private property rights "terrorists," then he claims he intends no hard feelings or bad vibes with Duck citizens and town officials. Hovey seems to be the one creating hard feelings and bad vibes.

SandyPaws4


I believe the “terrorist” comment refers to the Duck Research Pier being closed to the public since 9/11. Many surfers back in the day used to surf there at the pier.


RE: Town of Duck beach access saga




Looking at the message posted by hoi toide, it's hard to believe that Hovey is genuine. First he calls Duck residents defending their decades-old private property rights "terrorists," then he claims he intends no hard feelings or bad vibes with Duck citizens and town officials. Hovey seems to be the one creating hard feelings and bad vibes.

SandyPaws4


I believe the “terrorist” comment refers to the Duck Research Pier being closed to the public since 9/11. Many surfers back in the day used to surf there at the pier.

hoi toide
Yep. You could be right. I will say that after following the saga on Facebook, etc., for a while, locals from other OBX towns have been particularly abusive. I don't understand the problem. The oceanfront land in Duck was private property (except the federal research pier land) both before and after the HOAs incorporated, and for decades before the Town of Duck incorporated. It's not like this has suddenly been sprung on them out of nowhere.


RE: Town of Duck beach access saga




Beaches in North Carolina are part of the "public trust." They aren't considered private property. This is Hovey's big complaint and is probably the ultimate question for the Town of Duck: How does a town provide public access to a public resource when there is no public land approaching the resource. There are other towns that have wrangled with this issue before Duck. In the description of the case raised by The Villages of Ocean Hill, the accesses within the neighborhood, which were not part of a lot owned privately, were considered accesses to the beach for the public. Because of this, and because the streets in the neighborhood were not described as private to the neighborhood (in the plans for development, I would guess) three streets leading to accesses were dedicated to public access. It will be interesting to see how this turns out for Duck.
Click to follow link...


RE: Town of Duck beach access saga




Beaches in North Carolina are part of the "public trust." They aren't considered private property. This is Hovey's big complaint and is probably the ultimate question for the Town of Duck: How does a town provide public access to a public resource when there is no public land approaching the resource. There are other towns that have wrangled with this issue before Duck. In the description of the case raised by The Villages of Ocean Hill, the accesses within the neighborhood, which were not part of a lot owned privately, were considered accesses to the beach for the public. Because of this, and because the streets in the neighborhood were not described as private to the neighborhood (in the plans for development, I would guess) three streets leading to accesses were dedicated to public access. It will be interesting to see how this turns out for Duck.
Click to follow link...

CoolBreezeKDH
No one said the beaches in Duck are private property use only. Everyone can use the beach seaward of the dune vegetation line, and if you've ever been to a Duck beach in peak season and even the shoulder seasons, you'd see that it's quite crowded with many people not just oceanfront property owners.

As to your other point, as is true of all the beach accesses in Duck, they are deeded as either on privately owned individual lots or are the privately owned property of an HOA. There is no publicly owned oceanfront property in Duck other than the federal research facility. That is a fact that originated with how Dare County managed land ownership in what is now Duck and has been known for decades. Both before and after the HOAs were incorporated and their CCRs were legally recorded and decades before the Town of Duck incorporated, all the oceanfront land was/is privately owned (except the federal research facility). So how does this come as a surprise to anyone?

Yes, anyone can use the beach. They just cannot trespass on private property that lies between landward of the dune vegetation line and a state-owned road to get there. In Hovey's case, he trespassed on a privately owned over 100' long dune walkover that exists straddling two private property lots that lie between the ocean and the state-owned road to get to the public use area of the beach. If Hovey or the public is allowed to trespass on that private property dune walkover, what's to stop that from similarly impacting the private property dune walkovers on anyone's individually owned home property? And why stop there? If private property is now for public use, then anyone can park in someone else's oceanfront lot driveway to access the beach. Anyone can choose to live in someone else's home just because they want to. Anyone can use someone else's car just because they want to. And so on and so on.

I think you can see why Constitutionally-protected private property rights need to be respected or they will be lost.


RE: Town of Duck beach access saga




Beaches in North Carolina are part of the "public trust." They aren't considered private property. This is Hovey's big complaint and is probably the ultimate question for the Town of Duck: How does a town provide public access to a public resource when there is no public land approaching the resource. There are other towns that have wrangled with this issue before Duck. In the description of the case raised by The Villages of Ocean Hill, the accesses within the neighborhood, which were not part of a lot owned privately, were considered accesses to the beach for the public. Because of this, and because the streets in the neighborhood were not described as private to the neighborhood (in the plans for development, I would guess) three streets leading to accesses were dedicated to public access. It will be interesting to see how this turns out for Duck.
Click to follow link...

CoolBreezeKDH
No one said the beaches in Duck are private property use only. Everyone can use the beach seaward of the dune vegetation line, and if you've ever been to a Duck beach in peak season and even the shoulder seasons, you'd see that it's quite crowded with many people not just oceanfront property owners.

As to your other point, as is true of all the beach accesses in Duck, they are deeded as either on privately owned individual lots or are the privately owned property of an HOA. There is no publicly owned oceanfront property in Duck other than the federal research facility. That is a fact that originated with how Dare County managed land ownership in what is now Duck and has been known for decades. Both before and after the HOAs were incorporated and their CCRs were legally recorded and decades before the Town of Duck incorporated, all the oceanfront land was/is privately owned (except the federal research facility). So how does this come as a surprise to anyone?

Yes, anyone can use the beach. They just cannot trespass on private property that lies between landward of the dune vegetation line and a state-owned road to get there. In Hovey's case, he trespassed on a privately owned over 100' long dune walkover that exists straddling two private property lots that lie between the ocean and the state-owned road to get to the public use area of the beach. If Hovey or the public is allowed to trespass on that private property dune walkover, what's to stop that from similarly impacting the private property dune walkovers on anyone's individually owned home property? And why stop there? If private property is now for public use, then anyone can park in someone else's oceanfront lot driveway to access the beach. Anyone can choose to live in someone else's home just because they want to. Anyone can use someone else's car just because they want to. And so on and so on.

I think you can see why Constitutionally-protected private property rights need to be respected or they will be lost.


RE: Town of Duck beach access saga




For CoolBreezeKDH and others, look at the following properties on the Dare County GIS (Click to follow link...) and you'll see the difference between public beach access and private beach access property. KDH Parcel Number 000138555. The Hovey dispute Duck Parcel Number 029275000.


RE: Town of Duck beach access saga




So, if I wanted to drive up to Duck and enjoy the beach for the day, how would I go about doing it?


RE: Town of Duck beach access saga




Sandypaws, Hovey claims he has a plat from the 80's that shows a parcel of land for that is for Public Beach Access, and not private or HOA owned property. He submitted the plat as evidence. If it turns out that he is correct and the access is public, and the HOA incorrectly claimed it as private, then he wasn't trespassing. I do not go to the beaches in Duck, but find it interesting that Duck trying to prevent public access to their beaches, i.e., only Duck home owners and guests.


RE: Town of Duck beach access saga




This saga reminds me of one reason why I stopped going to beaches in Delaware and began vacationing in the Outer Banks. Many of the beaches in DE are (or at least were - it’s been a long time since I visited) considered private. You could walk on them, but you couldn’t put down a chair and sit there unless you owned or rented one of the homes that entitled you to use the private beach. If you did, those entitled folks who stayed at the beach-front properties would force you to leave. One such person said that I was was trespassing & could stand In the surf no longer than 15 minutes. I have no idea if THAT was true, but the experiences certainly soured me on DE.

I’ve never stayed in Duck. The few times I’ve been there, I didn’t see any place to park & access the beach as a day visitor.


RE: Town of Duck beach access saga




According to what was posted in a previous thread, some of the posts are leaving out some key information that happened in the past. Whether it was manipulation by HOA's or intentional ignorance by the local government years ago, the rules/laws (whatever you wish to call them) has put one group of people over another group. It's my understanding that the "private property" walkway is closed to some and open to others? Is that correct? I read that the residents on the pathway have an issue with some pedestrians but not with others? Is that accurate?


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