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The Kitty Hawk Town Council met on April 7 and discussed the ownership of the White St. beach access, as well as implementing regulations on cutting live oak trees within the town. Councilmen David Hines and Dylan Tillett were absent.

Town attorney Casey Varnell presented information on the two parcels of land in question at the White St. beach access, including an oceanfront parcel and a “parking” parcel.

According to Varnell, the ownership history of the parcels is complex. The parcels were originally intended to be reserved for the Kitty Dunes subdivision, but were never deeded to the owners. Instead, they were deeded to another developer, Anderson Stokes Inc., which was later sold to Long and Foster. Varnell noted that Kitty Dunes Inc. did grant, via covenants and restrictions, the right of access and parking to all homeowners within what appeared to be Kitty Dunes East and South. Subdivision homeowners have easement rights to use the parcels; the town does not have outright ownership. “The owners do have recognized property interest, not in form of interest, but in the right to use.”

Varnell presented several options for obtaining ownership of the parcels, including using eminent domain to foreclose on any existing easement rights. Councilwoman Charlotte Walker, a former broker with Kitty Dunes, agreed that eminent domain may be the “cleanest” option, citing the exclusive easement rights held by property owners in the subdivision.

Mayor Pro Tem Jeff Pruitt suggested the town reach out to the owners to see if they are willing to sell. He expressed concerns about the potential backlash from using eminent domain. Varnell noted that establishing the value of the parcels would be necessary regardless of the approach taken. Mayor Craig Garriss mentioned that even a small amount of additional parking would be beneficial, along with the future maintenance and greater accessibility the town would provide if they obtained the parcels.

The council agreed to move forward with reaching out to the owners to see if they would be willing to sell.

Also on the agenda was discussion of the regulation of live oak trees within the town’s jurisdiction. According to Varnell, the conversation surrounding tree regulation is complex, particularly in light of House Bill 496, passed in 2021. This bill restricts municipalities’ ability to regulate tree removal or cutting on private properties, with exceptions for explicit authority granted by state statute or local bill.

Varnell expressed concerns about the town’s ability to regulate tree removal, especially on private property, where it is intertwined with zoning regulations. Without clear authority from the state, the town’s “hands are tied,” except in cases involving public right-of-way. Varnell noted that recent court decisions have shown a shift in how judiciaries view municipalities’ rights, making it essential for the town to seek explicit authority or petition the state for historic privilege.

Despite these challenges, there is support for designating the live oak as the town tree. Varnell suggested asking Rob Testerman to work on this initiative, which could help promote the town’s iconic tree species. The council agreed to have a proposal drafted and presented at their next meeting to that effect.

In other business, a public hearing was scheduled for May 5 to consider a proposed special use permit for miniwarehouses in the PDC zoning district at 6100 N Croatan Highway. In addition, Fran Dunn was appointed to the board of adjustment. The next town council meeting will be held at 6 p.m. on May 5 at Kitty Hawk Town Hall.

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