By DJ Rippert
From Outer Banks to Outer Mongolia. Dare County, N.C. issued orders last week closing its borders to non-residents. Dare is a coastal county just south of Currituck County, N.C., which borders Virginia. Many Virginians know Dare County from Outer Banks vacations in towns such as Duck or fishing trips launched from Manteo. Checkpoints into and out of Dare County are apparently now manned by law enforcement officers who will check IDs to ensure that travelers are residents of Dare County or have pre-authorized transit permits issued by Dare County. As of last week there were no confirmed cases of COVID-19 in Dare County, and it seems county officials want to keep it that way.
Is it legal? Some are questioning whether officials in Dare County can legally enforce a prohibition against non-residents entering the county. Apparently they can. North Carolina law, specifically N.C. General Statute 166A-19.31, allows local officials to control access and ingress to their jurisdiction during times of emergency. Given the Coronavirus outbreak, local officials in Dare County have decided to invoke that law.
We want your taxes but not you. Dare County has many vacation homes owned by non-Dare County residents. These homes are typically expensive and generate a material amount of tax revenue for the county. Originally, non-resident owners of these homes were allowed entry into the county by showing their tax receipts for the property along with valid ID. Yesterday that changed. Dare County is now excluding non-resident property owners from entering the county.
Commentary. I was originally predisposed to giving Dare County officials the benefit of the doubt regarding the border closure. For one thing all those expensive and unoccupied beach homes could be targets for burglars taking advantage of the Coronavirus outbreak. However, my perception changed when those same officials decided to bar entry for non-resident property owners. These are people who have invested in the county, who pay taxes to the county and who should have every right to go to their properties. I have no idea if Virginia law would permit the same type of buffoonery from our local officials. Let’s hope not However, even if such actions are allowed, I hope no Virginia jurisdiction would follow the selfish, arrogant and small minded actions of the officials in Dare County, N.C.