Resident urges removal of Palm Cove gate to improve beach access; staff says easement allows emergency access only

Laurie Thomas Fass, a Sunset Beach resident, told the council she has used the Palm Cove path for 10 years to reach Tubbs Inlet and that the gate there prevents her from safely pulling a fish cart. "The gate itself is a barrier, and I don't believe that the barrier serves a great public purpose," she said, and asked the council to include consideration of opening that gate as part of consultant reviews of parking and access.

Fass said she detailed the issue in comments she submitted on Jan. 6, 2020, and suggested eminent domain could be a valid alternative if ownership or agreements prevent public access. "I think that there's a good reason why... eminent domain in that land is a valuable and valid, alternative," she said.

A staff member replied that they believe the town was granted an easement for emergency access only and that the property is not town‑owned. "I don't believe that's town property. I believe the town was granted an easement for an emergency access only with the understanding that it would not be accessible by members of the public," the staff member said and offered to research the agreement further.

Why it matters: The dispute concerns public access to shorelines and how easements and property rights limit town action. Residents and users of beach access points may be affected by any change.

What happens next: The staff member said they would research the legal agreement and provide clarification; the transcript contains no council decision or vote on altering or removing the gate.