Tag: deed restrictions

Coastal Kickback, Primary Elections and Taxes

Myrtle Beach Parking Fee Flaws

The more parking fees for non-city residents are discussed by Myrtle Beach City Council, the more flaws come to light in the distorted arguments of council members.

Since instituting parking fees along the “Golden Mile” strip of the oceanfront in July, city officials have heard increasing complaints from county residents and business owners.

The parking fees appear to violate deed restrictions included when Myrtle Beach Farms transferred company owned land to the city along the oceanfront. This violation not only applies to parking areas charging fees along the Golden Mile, but also to the many areas in the south end of the city where parking fees have been charged for a number of years.

One of the deed restrictions states, “…property shall not be used for commercial purposes by any person, private corporation, municipal corporation or agency of government.”

At a community forum last week where the parking issue was addressed, several city council members tried to argue that parking fees charged by the city are not a commercial venture. Instead, the arguments framed the fees as ‘more of a tax.’

However, taxing citizens for using city owned property is also a commercial venture. To argue any differently is to attempt to cloud the issue with semantics.

Mayor John Rhodes, reportedly, offered the possibility of selling parking decals to local, non-city residents for $300 per year. Rhodes said the $300 would equate to what city residents pay to the city in vehicle taxes each year.

This is ridiculous on several levels. I submit $300 equates to the average city tax paid on vehicles multiplied by a factor of five.

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Myrtle Beach Parking Fee Lawsuit Pondered

A lawsuit against the City of Myrtle Beach for its paid parking areas along the oceanfront is being considered by property owners.

The basis of the lawsuit would be city violations of deed restrictions and covenants included in property transfers years ago.

Deeds from 1940 and 1968 in which Myrtle Beach Farms gave oceanfront property to the city include restrictions against commercial activity on the deeded property.

In the intervening years, some of that property has been converted to street ends and beach access on which the city now charges visitors to park.

According to a real estate attorney with considerable experience in the county, the deed restrictions do not go away on the portions of the property converted to public thoroughfares.

The deeds restrictions prohibit commercial activity by any “person, private corporation, municipal corporation or agency or instrumentality of government.” The land is specifically designated to be kept as a public park or common.

The city appears to violate these restrictions in several ways. The parking fees and fines are collected and disbursed by a private corporation contracted by city government. The city’s portion of the revenue goes to fund the Downtown Redevelopment Corporation, an agency created by the city.

The DRC is its own challenged organization, having accomplished little in the way of redevelopment and virtually none in the city’s historic downtown in the area of City Hall, Five Points and adjacent areas.

The DRC has set its sights on the oceanfront and rumored major new development projects that would first require the squeezing out of small business owners currently operating along sections of Ocean Boulevard.

Many have speculated that the parking fees in question will help squeeze out small business owners by limiting tourist traffic to their businesses.

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