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Victory Beach Vacations: Carolina-Kure Beach NC Vacation Rental Houses & Condos
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Vacation Rental Performance Report: Flagstaff Area - Our Vacation Rental Performance report shows why this Flagstaff is considered one of the best markets in Arizona. View is to see how much you can make with a property in this area. The post Vacation Rental Performance Report: Flagstaff Area appeared first on Evolve Vacation Rental Network.
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Beyond the Purchase: Turning Your Vacation Rental Investment into a Success - To educate you on some of those necessary money and time investments, we’ve compiled a list of how to spend your funds and focus responsibly. The post Beyond the Purchase: Turning Your Vacation Rental Investment into a Success appeared first on Evolve Vacation Rental Network.
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Freeman Park property owners allege town is using public trust doctrine to run for-profit operation
The public trust law works both ways --- it gives people the right to enjoy the beach, but it may also prevent the town of Carolina Beach from profiting off of it. A series of lawsuits between Freeman Park property owners and the town will likely answer that question, and could dramatically change the way the park operates.
By Michael Praats - January 1, 2019
New ropes and posts have been installed in Carolina Beach's Freeman Park, but it is not the work of private property owners (Port City Daily photo/JOHANNA FEREBEE)
New ropes and posts installed by Carolina Beach at Freeman Park — part of an ongoing back and forth between the town and private landowners. (Port City Daily photo/JOHANNA FEREBEE)
CAROLINA BEACH — The Town of Carolina Beach has once again found itself facing litigation alleging town actions have violated the constitutional rights of individuals.
The last time the town faced such claims a lawsuit was brought forward by the Institute for Justice on behalf of food truck operators who felt town laws were too restrictive.
Related: National law firm files suit against Carolina Beach’s for restrictive food truck laws
Now, the town faces accusations from property owners at the north end of the island near Freeman Park alleging violations of the Fifth and 14th Amendments, as well as the North Carolina Consitution.
There are currently four pending cases in New Hanover County Superior Court where the Town of Carolina Beach is the plaintiff, and private LLCs are the defendants.
These cases were filed by the town against the LLCs to utilize eminent domain to restore beaches through a renourishment project.
But property owners are fighting back against what they say is unjust compensation as well as several other claims against the town including allegations of abusing the public trust doctrine.
In fact, the property known as and marketed as “Freeman Park” is actually private property.
A brief recap
In order to understand the arguments the property owners have made, it is important to understand who technically owns what — and how the fracas over Freeman Park got started.
The Town of Carolina Beach operates Freeman Park where visitors are allowed to drive on the beach, camp, and partake in various beach activities — but the town does not own the property — in fact, it is not even in the town limits.
Freeman Park actually lies within the town’s extraterritorial jurisdiction meaning it is not within the municipal limits, but the town is granted permission to police and operate in the area.
The property at Freeman Park, including the beaches are technically owned by private entities, but in the State of North Carolina, beaches are part of what is known as public trust.
This means that although private property owners can claim ownership of the beach, the public has the right to access the beaches.
The only property the town actually controls and owns is the land where the entrance to the park is. Also, the town can only regulate who drives through its property hence the charging and monetization of the park.
The beaches within the “park” are actually not the town’s land but private property under public trust laws.
Properties at Freeman Park has been purchased by private corporations, although most of them are owned by the same individuals (Port City Daily/Courtesy Carolina Beach)
Properties at Freeman Park has been purchased by private corporations, although most of them are owned by the same individuals (Port City Daily/Courtesy Carolina Beach)
Most of the property in question at Freeman Park has been bought up by private corporations over the past couple of years and in February, tensions between the town and LLCs reached a boiling point.
Related story: Freeman Park property now in the hands of LLCs. Is development in the future?
Property owners took it upon themselves to install sea oats and a rope fencing along the beach in what they claimed was an attempt to restore the dunes.
However, in North Carolina, the public trust doctrine makes it clear what exactly the public has a right to, that is, dry sand beaches.
According to the doctrine, the public trust lands are located from the mean-high-water line to the toe of the dunes. This means the first line of stable vegetation.
Had the property owners been successful, they would have brought their property line from "C" to "A" --- "B" shows the sea oats they had planted on the beach at Freeman Park (Port City Daily/Johanna Ferebee)
Had the property owners been successful, they would have brought their property line from “C” to “A” — “B” shows the sea oats they had planted on the beach at Freeman Park. (Port City Daily/Johanna Ferebee)
If the property owners had been successful with planting the sea oats, their property line would have grown considerably — the town quickly put an end to the sea oats and rope fencing.
After the sea oats debacle, the town issued notices of intent to get the property in question for itself through eminent domain.
Eventually, the town conceded and rescinded the eminent domain threat, provided the property owners would allow the town to use the property to restore the beaches.
After rescinding the intention of eminent domain for the entirety of the properties, the town issued new notices for beach restoration.
Property owners respond
Apparently, the property owners did not feel like the eminent domain attempts were fair and have responded to the towns notifications — they are requesting a jury trial to decide on the claims.
The landowners have filed several counterclaims against the town including constitutional violations.
In the counterclaims outlined in one of the four suits pending, Carolina Freeman, LLC claims the town offered to pay $1,500 as just compensation for the property — an amount the property owners deny is reasonable.
“The defendant’s entitlement to just compensation for the taking of its property is a fundamental right guaranteed by both the North Carolina Consitution and the United States Constitution. The Fifth and Fourteenth Amendments of the United States Constitution and Article 1, Section 19 of N.C. Constitution require that just compensation be paid, including all costs of defense,” according to the counterclaims.
Abuse of the public trust doctrine?
The litigation might be about eminent domain but property owners are fighting back against the town over more than one issue. In the introductory statement by Carolina Freeman, the owners claim the town is utilizing the public trust doctrine as a for-profit operation by running Freeman Park.
This inverse condemnation action against the town concerns the limits of what constitutes “public trust rights” held by the State for the benefit of the public, and whether a local municipality may rely on the “public trust doctrine” to conduct a commercial, for-profit operation on privately owned beachfront property that allows the public to use the privately owned property for activities such as overnight camping, campfire, off-road four wheeling, and alcohol consumption,” the counterclaims state.
The LLC concedes the dry sand beach is private property subject to public trust rights but also acknowledges the property north of the dunes is private property and not subject to the public trust laws.
The counterclaims also alleged the town has wrongfully established and leased campsites on the defendant’s property.
“While the campsites established by the Town are located mostly on the Defendants dry sand property, the campsites at times encroach into and damage the dunes and vegetation lining the ocean beach and thus encroach into the defendant’s private uplands,” according to court documents.
There are also allegations that the activities that take place in Freeman Park are invasive and damaging to the property and property values including off-road four-wheeling in the dunes, campfires, and alcohol consumption leading to illegal activities.
The landowners are also claiming the town is failing to protect the private property and has failed to allow them to take action defending their land.
The town has also failed to enforce its own regulations that ban driving within 10-feet of the dunes, despite repeated requests by the defendant for the town to enforce these regulations. The town’s actions have thus ensured that the defendant’s private upland will continue to suffer from unauthorized use, trespass, and damage by the public.
As a result, the LLCs issued a letter to the town, requesting a stop to all camping at Freeman Park to prevent damage the landowner’s property — the town has refused.
E
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With the 2018 holiday season in full swing, nearly a third of Wrightsville Beach’s hotel rooms remain unavailable for booking because of damage caused by Hurricane Florence.
Two of the island’s three major resorts were forced to close for repairs after the storm, which made landfall near Wrightsville Beach on Sept. 14. Both the Blockade Runner Beach Resort, 275 Waynick Blvd., and Shell Island Resort, 2700 N. Lumina Avenue, remain inoperable.
Wrightsville Beach’s third key property, The Holiday Inn Resort Wrightsville Beach at 1706 N Lumina Ave., is open for business. But a smaller property’s closure is impacting hotel room inventory there, too.
“According to our most recent room inventory, there are 1,034 total rooms in Wrightsville Beach, with 150 at the Blockade Runner Resort and 140 at Shell Island Resort,” said Wilmington Convention and Visitors Bureau spokeswoman Connie Nelson. “Surf Suites [with] 45 rooms is also closed until early 2019.”
While the three closed properties account for 335 off-line hotel rooms on the island, the overall number could be higher. New Hanover County tourism officials pointed out that there are other lodging options on the island, in addition to hotels.
“There may be some vacation rentals and individual rooms in ‘open’ hotels that were/are offline due to damage,” Nelson explained. “It is difficult to get an accurate count on every room that was not rentable and for how long.”
Regardless of the exact numbers, the loss of rooms available to rent means a revenue loss for New Hanover County. The county collects a 6 percent room occupancy tax (ROT) from short-term rentals.
Wrightsville Beach ROT collections were down 20 percent during September, over the previous year, according to officials. ROT money is used for funding beach renourishment and tourism initiatives.
Meanwhile, September’s ROT report (the most recent data available) showed a countywide increase of 18.67 percent over the same month in 2017, with the city of Wilmington experiencing a 46.66 percent jump. Like Wrightsville Beach’s ROT drop, Hurricane Florence is behind Wilmington’s hike.
“September ROT collections are not representative of a normal September,” Nelson said.
“In September, in addition to relief workers [occupying Wilmington hotels] many island residents evacuated to Wilmington lodging properties,” she explained. “The months of September, October and into November may be skewed due to housing relief workers, displaced residents and storm evacuees from surrounding counties.”
As for the closed properties in Wrightsville Beach, all three are expected to reopen by early spring of 2019.
According to Shell Island Director of Sales Meredith Swicegood, the resort “will be reopening in the next couple months.” When asked about the extent of damages and renovation plans, Swicegood declined to comment, citing privacy concerns.
“We are run by an HOA (not a management company) so it is unlike your typical hotel/resort,” she said in an email. “The HOA board would like to keep everything confidential.”
Likewise, Blockade Runner General Manger Nicolas Montoya declined to comment when asked about that resort’s revamp and estimated repair costs. He did offer some insight, however, into the decision.
“It may be premature for me to discuss some details of our renovation at this time,” Montoya said, in an email.
A Wrightsville Beach landmark for more than half a century, the Blockade Runner was initially expected to re-open early last month (November). But further assessments revealed that extensive renovations were required.
“The major cause of damage was the loss of the roof on the balcony building and more limited roof damage on the tower,” Montoya said in a news release.
“In the areas penetrated by heavy rain, operations shift from cleanup to restoration.”
“We made the decision following several weeks of analysis and assessments with engineers and experts,” added Mary Baggett, co-owner and operator of the resort, in a statement.
Although the hotel itself is closed, the Blockade Runner Beach Resort served as the host and presenting sponsor for the 2018 Holiday Flotilla, held annually Thanksgiving weekend. The resort’s sound-side lawn and docks were home to the flotilla’s headquarters, sponsors’ tent and judge’s stand, officials said in a new release.
Meanwhile, The Surf Suites announced that it has cancelled all reservations through the end of December 2018. According to the all-oceanfront suites property’s website (thesurfsuites.com), further updates will be posted as information becomes available.
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Looking to move to Carolina Beach , NC? We’ve got everything you want to know about the key factors that could make this the best place for you, including Carolina Beach , NC real estate. Let’s start with the basics: Carolina Beach , NC is located in New Hanover County . It has a population of 5,970, and we have a cool graph below that shows the city’s ethnic diversity, as well as other important facts and figures. http://ow.ly/FhOY30n8gkX
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Food & Wine magazine ranked the Carolina Beach Boardwalk among the top 10 in the country. The magazine considered Carolina Beach's amusement rides, arcade games, food stands and Britt's Donut Shop.
Couple biking at CB State Park
Carolina Beach State Park is one of the few places in the world where the Venus flytrap can be seen in its native environment. This carnivorous plant can be viewed year-round, but only blooms for a few days in the spring.
Carolina Beach is home to the one and only Britt’s Donuts, one of the town’s icons. A family-owned business that has been in Carolina Beach since 1939, it is a favorite of repeat visitors and is known for its mouthwatering warm doughnuts.
Squigley's Ice Cream & Treats
At Squigley’s Ice Cream & Treats, visitors can create more than 4,050 varieties of homemade ice cream treats with a variety of toppings and flavors. For those who like to eat sweets and shop, Squigley’s Gift Gallery and Shade Shack, located above the ice cream shop, offers clothes, nautical décor and more for a special gift. Spend time walking around Carolina Beach and chances are, you will find someone wearing an “I’ve Been Squiggled” sticker after visiting this special shop.
Fat Pelican
For visitors seeking nightlife options, stopping by the Fat Pelican – complete with a walk-in beverage cooler and giant surfing cow on the roof – is a must. Check out the assortment of decorations, including the dinghy renovated into an outdoor bar.
Freeman Park
Freeman Park, located in Carolina Beach, is among a handful of oceanfront properties in the Carolinas that allows four-wheelers to ride on the sandy beaches (season, weekend and daily passes are available through the Town of Carolina Beach and other locations). Outdoor enthusiasts have been fishing, swimming, boating, crabbing and casting for minnows at this popular place for generations.
CB boardwalk

The Carolina Beach Boardwalk offers something for everyone, with beach rentals, restaurants, and a variety of nighttime entertainment. Whether simply to indulge in people-watching or to partake in family-friendly festivities, visitors to the popular boardwalk find that it makes a hearty contribution to Carolina Beach’s identity. Weekly fireworks take place on Thursday evenings Memorial Day through Labor Day.
Carolina Beach visitors can travel by party boat or surrey bike. The party boats can seat up to 400 people. The surrey-topped cycles move under pedal-power within the town limits of Carolina Beach & Kure Beach.
Carolina Beach was established in 1857, when Joseph Winner planned the streets and lots for the 50 acres of beach property he had purchased. Winner originally called the town “St. Joseph’s,” but the name was changed to Carolina Beach when the town incorporated in 1925.
In 1866 the steamship “Wilmington” began carrying vacationers down the Cape Fear River to Snow's Cut, and a small steam-powered railroad took them the rest of the way into Carolina Beach.
In 1962, a high-rise bridge was built over Snow’s Cut connecting the island with the mainland.
Carolina Beach is home of the legendary Chicken Hicks who is credited with the development and popularization of the Shag dance. His enthusiasm for the dance helped make Carolina Beach renown during the shag evolution in the 1940’s.
Carolina Beach is rich in World War II heritage. It supported honky-tonks and an amusement park that catered primarily to enlisted service personnel. Fort Fisher soldiers happily paid a quarter a piece to throw baseballs at hinged boards painted with the heads of enemy leaders. Arcade owner Carl Winner sometimes grossed $1,000 per day. The Carolina Beach Drug Store (currently Laney Real Estate office) was constructed in 1941 where wartime shoppers used their ration coupons. The Boardwalk Canteen (currently Surfside Bar & Grill) and The Red Apple (currently Mermaid Gift Shop) served meals and snacks. http://ow.ly/FmVc30n8gk2
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BEACH RENOURISHMENT 2019
The US Army Corps of Engineers will manage a beach nourishment project in Spring 2019 for Carolina and Kure Beaches. CLICK HERE for details.
PARKING IN CAROLINA BEACH JUST GOT EASIER!
The Town of Carolina Beach is partnering with SP Plus and Parkmobile to provide visitors a more convenient way to pay for parking using their mobile devices and the ParkMobile App.
parkmobile billboard3
After downloading the free ParkMobile App and registering, customers can immediately begin using the system to quickly pay for parking in Town lots and at metered spaces without having to use a kiosk or meter. The ParkMobile App has a countdown clock that lets users know how much time is left for their parking session, and gives the option to remotely extend time on the paid parking session. The ParkMobile App is now ready to use in Carolina Beach and will make paid parking easier for everyone.
Parkmobile, LLC is a leading provider of parking solutions in North America, helping millions of people easily find and pay for parking on their mobile device. Other North Carolina cities using the app are Asheville, Chapel Hill, Charlotte, Durham, Greensboro, and Raleigh. CLICK HERE to learn more.
If you have any questions about using the ParkMobile App, please contact SP+ at (910) 458-4614.
WHAT'S HAPPENING IN CAROLINA BEACH? Check out the events and happenings in Carolina Beach! CLICK HERE for information on weekly events like Family Night, Bingo, Fireworks and much much more!
NEW RULES FOR GOLF CARTS Rules for driving golf carts in Carolina Beach changed on January 1, 2018. CLICK HERE for detailed information.
HURRICANE PREPAREDNESS Hurricane season runs June 1st - November 30th, and a recent study from Colorado State University predicts 14 named storms and seven hurricanes, slightly fewer than there were last season. CLICK HERE to learn more about being prepared for severe weather
RECYCLING IS NOW WEEKLY! Recycling is now picked up weekly! Please remember to take your recycling cart to the curb each week along with your trash cart. CLICK HERE for information on what items are allowed in the recycle carts.
2018 PERMIT INFORMATION FREEMAN PARK-The 2018 annual permits are now on sale. CLICK HERE for more information on Freeman Park.

PARKING DECALS-2018 Parking decals can now be purchased online or in person at Town Hall. CLICK HERE for details on price and documentation required for residents/property owners, employees, and non-residents.

TOWN IDENTIFICATION CARDS-2018 Town Identification Cards (TICs) are available for Carolina Beach residents, property owners, business owners, and agents. CLICK HERE for more information
FINANCIAL TRANSPARENCY CENTER
The Town of Carolina Beach has partnered with ClearGov, a leading municipal transparency and benchmarking platform, to launch an infographic-based fiscal transparency center. The new easy-to-understand tool provides taxpayers an in-depth view into the finances of every department in the local government. The site also provides visual insights into the town’s demographics and housing trends.
CLICK HERE for more information.
HAZWAGON COLLECTIONS IN CB
Carolina Beach residents can now dispose of hazardous/toxic materials by using New Hanover County's HazWagon-a mobile collections unit. CLICK HERE for more details
CB VIDEOS
CHECK OUT THE LATEST VIDEOS with information about Carolina Beach attractions, wild life and beach saftey. CLICK HERE to view.
VIEW LIVE CB BOARDWALK BEACHCAM
CLICK HERE to view the new live beachcam at the Carolina Beach Boardwalk provided by Time Warner Cable!
YARD WASTE PICKUPS-
The Town will remove yard waste/vegetation free of charge once per month for citizens. Areas have been set up in "zones" and pickups each month are based on the zone your home is located in. CLICK HERE to view what zone your home is located in, and a calendar of upcoming pickup dates. No call in is needed for regularly scheduled pickups.
For any questions or concerns, please call Operations at 910-458-8291. http://ow.ly/VAcB30n8gj4
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2019 Vacation Rental Performance Report: Sedona - Download our free Vacation Rental Performance Report for Sedona, Arizona. The report will give you insight into average rental income, occupancy rates, and booking windows. The post 2019 Vacation Rental Performance Report: Sedona appeared first on Evolve Vacation Rental Network.
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