Matt Huband

April 29, 2008

Seashore leader files information on the eve of hearing



Federal attorneys filed a "declaration" by Cape Hatteras National Seashore Superintendent Mike Murray late today in U.S. District Court in Raleigh on the eve of a hearing on the contentious issue of ORV access at the Cape Hatteras National Seashore.

The document contains Murray's overview of the Interim Protected Species Management Plan and the "key modifications" of that plan under the proposed consent decree. One change, he says, is that ORV access in the summer months will be "significantly" reduced to protect nesting shorebirds and sea turtles.

The declaration is 19 pages long. Along with it, attorneys filed another dozen or so pages of maps and charts explaining buffers that will keep ORVs, and sometimes pedestrians, away from nesting shorebirds.

The interim plan is guiding the park's management of ORV use on its beaches until there is a long-term ORV rule, which is being formulated by a negotiated rulemaking committee.

The proposed consent decree was filed in federal court on April 16. It would settle a lawsuit filed in October by Defenders of Wildlife and the National Audubon Society, represented by Southern Environmental Law Center, over ORV operation on the seashore beaches, which the groups say is illegal. They claim that the interim plan does not go far enough to protect shorebirds and sea turtles.

The plaintiffs, the federal defendants, and the defendant/intervenors - Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance - agreed on a settlement after several weeks of negotiation in April.

U.S. District Court Judge Terrence W. Boyle will conduct a hearing tomorrow at 2 p.m. on the settlement, also known as a consent decree.

The federal filing today notes that Murray will be available in court tomorrow to talk about the consent decree and discuss the maps of pre-nesting and nesting areas and how they will affect access to some of the seashore's most popular fishing and recreation area - Bodie Inlet spit, Cape Point and South Beach, Hatteras Inlet, and the north and south point of Ocracoke.

In his declaration, Murray notes that he believes the proposed consent decree will "ensure effective resource protection and a reduced but reasonable level of ORV access" for the next three years while the Park Service completes its long-range ORV management plan.

Murray states in the filing that ORV access in fall and winter will be similar to what it is now under the interim plan. However, he says, that during nesting season in the summer, there will be "a significant reduction in ORV access."

Click Here to go to The Island Free Press for more information

Declaration of Cape Hatteras National Seashore Superintendent Mike Murray. With Maps.

According to the Island Free Press an agreement in the ongoing saga of ORV Beach Access has finally been reached. See the article below:

Apr. 16: The parties to a lawsuit over ORV use on the Cape Hatteras National Seashore filed a settlement today in U.S. District Court in Raleigh. The settlement was filed in the form of a consent decree that now goes before U.S. District Court Judge Terrence W. Boyle, who must approve the terms of the agreement.
The end result of the settlement is that management of seashore resources is now in the hands of Judge Boyle and the private, special-interest groups that negotiated the terms of the settlement without input from the public. The role of the National Park Service will be to enforce the terms of the settlement until there is a long-term ORV regulation, perhaps in three years. Irene Nolan

To see the full story and all the information about the ORV Beach Access case Click Here

Here is the breakdown on the last 7 years of Outer Banks real estate stats

New Listings #Sold Avg. Sale Price Day On Market % Of Sold Price Vs List Price

2000 3778 2721 $176,374 216 98.33

2001 3691 2932 $192,140 217 97.01

2002 4372 3576 $254,435 169 97.58

2003 4510 3098 $337,086 152 97.37

2004 5212 3711 $402,928 150 97.04

2005 5914 3159 $463,657 150 96.51

2006 7154 1679 $445,785 179 94.88

2007 6729 1508 $427,199 190 93.25

2008 1751 336 $405,024 201 92.33 As of 4/15/08 177 listing are U/C with 4336 active listings

As you can see prices are back to where they were in 2004!!! It is just incredible to think you can get a home for close to or less than what someone paid for it 4yrs ago.

The Outer Banks market as you can see from 2000 to 2005 experienced an incredible amount of appreciation in real estate that has never occurred before. Along with that came an explosion of new construction that continued on until late 2006. As buyer demand has been cut in half since 2006 the number of new listings has doubled which has led to the current buying opportunities that exist today. Those opportunities have been made even more attractive by those sellers that purchased properties from 2004 on that had no business buying for various reasons. The listings that represent the best buying opportunities are those in the $1M+, as those values have decreased the most due to increased seller competition and low buyer demand. However there are tremendous buying opportunities across the price spectrum. Since almost all of these properties are used as weekly vacation rentals the gross rents on these properties continues to be strong. Tourist numbers the last 3 yrs has increased 10% to approximately 6 million people who vacation along the Outer Banks from Corolla to Hatteras & Ocracoke each year. Giving the proximity of the Outer Banks, a day's drive from over 75% of the entire population on the east coast, the Outer Banks will continue as one of the east coasts top vacation destinations. This is what makes the Outer Banks real estate market such an attractive investment. Investing in a beach house on the Outer Banks gives a buyer the opportunity to buy in a down market with great upside potential, earn yearly rental income to offset expenses, offer tax incentives, and is always here for personal use.

Who knows when we reach bottom but most of the consensus is that we are at it or close to it on the Outer Banks. The reason for that thought is that buyer activity has picked up considerably since the beginning of April with some of the best deals going under contract. With so much property on the market the "great deals" are still out there to be had!!!

To learn more about the real estate opportunities on the Outer Banks email me at mhuband@htrsi.com or call 252-480-9283.

All information deemed reliable but not guaranteed. Outer Banks real estate stats compiled from the Outer Banks Association Of Realtors MLS Books 2000 to 2008.

It looks like the wait will be over in 2013 when the first cars are able to make the trip across the Mid County Currituck Bridge that will connect mainland Currituck to Corolla. This will dramatically reduce the travel time , some predict up to 2 hours, for tourists that for years had to wait in miles of traffic to get to Southern Shores, Duck, & Corolla as they made their way to the Outer Banks for vacation. The bridge will also give residents and tourists another evacuation point in case of a major hurricane. The Mid County Bridge has been on the agenda for construction for over 25 years and now it looks like the time for construction to begin is only a year or two away. It is amazing at how long it has taken for the powers that be to finally get together to make this happen.

If you want to learn more about the Mid County Currituck Bridge Click Here