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07-10-2007, 12:35 PM #1
beach goers harrassed
If you have recently been asked to leave the beach by a property owner or law inforcement please contact me. reed66@earthlink.net I would like to hear your story and I may have some information that can help if you would like to get involved. There is a real battle heating up about beach ownership in Florida and there are several lawsuits about to be decided both at the county level and at the State. People need to get involved now. The first thing you can do is e-mail the locall chamber or visitors bureau and let them know you are concerned about spending time and money going to the beaches here if they are not going to be user friendly. You can also e-mail your state lawmakers there are e-mail links to them at www.myflorida.com. Also you can incourage your friends and relatives to do the same. Law enforcement in both Okaloosa and Walton counties have been very inconsistent about how much of the beach is public even though in Okaloosa county they mantain that 20 feet inshore of the wet sand is public. There is a group called the SOB's (Save Our Beaches) that have a law suit at the sate level right now that will decide the fate of Floridas beaches. This is the group of Destin residents that tryed to stop the beach renorishment program. So the clock is running here and people need to get involved. We all know how far from resonable the Florida Supreme court has been in the past.
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07-11-2007, 02:43 PM #2
Re: beach goers harrassed
There was a segment on channel 13 news Tuesday night regarding "private beach" property owners harrassing the public. This is just the beginning of a long and heated summer.
Hope this doesn't come back to bite us in the a$$..............
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Re: beach goers harrassed
Perhaps law enforcement is more consistant than anything else.
It's the "rules" in Destin vs. the "rules" in Walton County that are "inconsistent".
Law enforcement people have a tough job. Let's face it. I'm sure you didn't mean for it to look that way, but let us be very conscious not politicize law enforcement regarding this hot button.
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Re: beach goers harrassed
I thought the Okaloosa County Sheriff's Office received their guidance from the Florida Attorney General, after request. I wonder if Walton County should also seek guidance from the FL Attorney General. If they did so, perhaps the two would be more consistant.
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Re: beach goers harrassed
Per the Florida Attorney General to the City of Destin:
"Private property owners who hold title to dry sand areas of the beach falling within the jurisdictional limits of the City of Destin may utilize local law enforcement for purposes of reporting incidents of trespass as they occur."
I can't find where it says something like "except if they are within X feet of the water line".
Does anyone know of actual instances where a private property owner in Destin called the Okaloosa sheriff to run off a "parked-on-dry-sand" tourist and the sheriff did not?
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Last edited by BlueMtnBeachVagrant; 07-12-2007 at 09:10 AM.
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07-12-2007, 09:26 AM #7
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Re: beach goers harrassed
So, it's not the rip currents, red tide, sharks or jellyfish we need to worry about?
In my simple liitle world, it seems to me that there are way too many inconsistencies along the Beaches of South Walton to ever get the law and the rules to be uniform. How in the heck fire will the good visitors to our area ever get it straight?
Which community along 30A shall we pillage this evening?....gttbm

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07-12-2007, 11:29 AM #8
Re: beach goers harrassed
2005 30A Beach Issue: Trash on the beach
2006 30A Beach Issue: Tents/chairs/assorted beach junk left on the beach
2007 30A Beach Issue: Turf (sand) wars on the beach.
2008 30A Beach Issue: ??
.But hey...Top Ramen tastes a whole lot better when you eat it off of a Granite Countertop. (Mr & Mrs Too Much Homebuyer)
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07-12-2007, 01:34 PM #9
Re: beach goers harrassed
My personal opinion on the matter is as follows:
I realize certain property owners have deeded rights to the high mean water line. If there is a public notice "private beach" beachgoers should respect that.
There is 100 miles or so of public beach...........move or go somewhere else.
I just feel if this gets blown out of control with the media, it could have an effect on the tourist. They just don't need harrasment when they come to the beach to have fun.
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07-12-2007, 01:54 PM #10
Re: beach goers harrassed
Walton County is going by the same attorney general's opinion that Okaloosa uses.
Nice lettuce, Captain.
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07-12-2007, 02:10 PM #11
Re: beach goers harrassed
2008 30A Beach Issue: Tourists stop showing up
because Walton County doesn't acknowledge its own responsiblity to ensure that tourism continues to be #1 economic engine of the country. Like a spoiled child they think they are entitled and can continue to abuse their good fortune instead of valuing it, by nickel and diming and disrespecting and not providing the kind of care for it's most important resource- the beach, DUH- and infrastructure and service to the people who appreciate it.
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Re: beach goers harrassed
Deeded rights doesn't mean something is in your "yard" or you have the sole right to access it and/or decide who can. Properties often have boundaries that continue into roads or alleys (many platted properties start at the centerline of a road), include utility easements, public sidewalks etc.
Part of this issue is that people do not KNOW where they can and cannot be. This is not a matter of ignorance, but of a lack of information and changing policies.
The beaches that have been "public" for decades are now being claimed as "private". Folks aren't hopping fences, they are using the beach (and renting the same houses) they have for years, but now are being made to move and arrests are occuring.
People are overbuilding and packing as many units in as possible, then crying "foul" when there is a crowd.
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07-12-2007, 02:16 PM #13
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Re: beach goers harrassed
With all due respect, do you really want all of our tourists to find the public beaches in Pensacola and Panama City Beach, and places farther beyond? Who would be left to fill the seats in the restaurants, purchase goods in stores, etc? Would that leave only the Beach front owners and the people who own in developments with private beach strips?
One other thing, if I own a piece of land which the County built a road upon without permission, should I set up a toll booth to let people enter, let them pass freely, arrest them for tresspassing, or block the road? Also, should I charge the County for encroachment onto my property, restricting my use of the 1/4 of the acre which is now a 60' ROW and road? Should the County reimburse me for the theft of the property? What about the other three property owners adjacent to me, whose property the County built the road upon. There is another way to access the properties in the area. How confusing would it be for drivers who are driving on the road to know when to stop at my property if I don't erect a sign, stating no tresspassing?Last edited by Smiling JOe; 07-12-2007 at 02:44 PM.
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07-12-2007, 03:02 PM #15
Re: beach goers harrassed
Let's stick to the subject............I'll narrow it down for you.
30A is approximately 19 miles long. Within that 19 miles I bet we have at least 20 to 25 public beach acesses. Some with dune walk overs, restroom facilities, and parking. Others are paths that run through the scrub oaks but are designated for public use. Once you've stepped foot on the beach your welcome to enjoy yourself.
Very few developments on 30A are deeded to the HMW line. The ratio of this argument just doesn't make sense for the amount of coverage it's recieving to me
It's like the golf cart issue on 30A , "Just follow the rules"...........
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Re: beach goers harrassed
You do realize that some of the public accesses lead to a stip of public beach no wider than 15ft, don't you? There are several large developments with deeded beach. While this issue of three developments in BMB, may seem small, it will set precedence for other beaches in SoWal. I'm not sure of the ratio of beaches which have a deed to those which don't, but don't be fooled into thinking that it is not many.
Scooterbug44 said it well, some property owners are saying that you
cannot stop and enjoy yourself when you come down the public access.
From your answer, I would think that you would be for me blocking off the road, built for public use, which is on 1/4 acre of my property.Last edited by Smiling JOe; 07-12-2007 at 03:13 PM.
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07-12-2007, 03:52 PM #19
Re: beach goers harrassed
This is what I am talking about this guy had no idea he was trespasing and who would when the public has had unchallenged use of the beach for many years.
From: Thomas Beisel []
Sent: Thursday, July 05, 2007 1:33 PM
To: Kenneth Pridgen; Scott Brannon; Larry Jones; Sara Comander; Cindy Meadows
Subject: Seagrove Beach Access
I would like clarification on what the county's policy and laws are regarding tourist use of Walton County beaches.
This morning my wife, our 11 year old daughter, 10 year old friend, and our two teenage nieces were removed by a Walton County deputy from the two small sand castles our children built within 5 feet of the wave wash. After being on the beach approximately two hours we were angrily approached by someone who represented themselves as the property owner and told us we had to move. The "property owner", which I assume at this time he really is, sat down on the beach two hours after us and claimed he could not see the ocean because we were sitting on his property. The property owner was belligerent and patronizing and said if we did not move he would call the Sheriff. My wife felt threatened by his behavior and called 911 herself. While we were waiting other families on the beach came up to us to tell us they had the same encounter with this "property owner" days before. My young daughter was scared that we were going to be arrested by the police for building sand castles. The deputy that arrived said the "owner" was correct and that we could actually be arrested for trespassing. The deputy said that the property line does go to the "wet zone", if not further out into the ocean.
The deputy was very professional and courteous and I believe he was enforcing the laws as he understood them. I'm just very puzzled that families are removed so easily. The Case Number is: WCSO 07 CAD 047786.
Can visiting families really be removed so easily? It appears that the beaches are not public and that we are actually trespassing on others property; is this really the case? Are visitors welcome or not welcome to Walton County beaches? I will write an Op-Ed for the Atlanta Constitution regarding this incident and would like the County's position on tourism and property ownership before I do.
Thanks,
Tom Beisel
Atlanta Georgia
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Re: beach goers harrassed
And I usually take a morning walk on the beach. I had thought about walking the opposite way this year walking back toward the 30A direction. I guess I won't be. Especially if someone is going to come out running me off saying that own that part of the beach I'm walking on. As it is now, I do my walking toward PC Beach and Pinnacle Port. We spend too much money down there to be told we cannot walk on a certain stretch of the beach.
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07-12-2007, 05:56 PM #21
Re: beach goers harrassed
I don't see this situation changing for the better anytime soon--nay, anytime at all. Realtors and vacation condo owners lure people to our area with promises of long expanses of beach. As our area continues to build out, back and up; and beach property owners have the police at their beck-and-call to hustle people off "their" sand; and 'said sand' is eaten away by erosion, this problem is going to compound.
I seen this happen before: A long time ago in a town called Destin, I was able to park my car pretty much anywhere along the road and trudge right on to the beach....try that now. We'll be that way before long; what's happening here now is the same song, just a slightly different melody.
.Last edited by SHELLY; 07-12-2007 at 05:58 PM.
But hey...Top Ramen tastes a whole lot better when you eat it off of a Granite Countertop. (Mr & Mrs Too Much Homebuyer)
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Re: beach goers harrassed
At a CC meeting I attended several months ago, a county attorney said private property owners had to allow the public the ability to walk thru their beach property due to prescriptive use, but they could indeed ask you to leave if you were sitting.
Fine. I just can't understand who buys beach property without understanding the public has been and will continue to use it.Last edited by TNJed; 07-12-2007 at 06:35 PM.
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Re: beach goers harrassed
I'll miss Florida in a way, but I'm really glad I moved
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What a giant, lawsuit-burdened craphole
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For a not-so-good time, call 1-800-829-1040...
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07-15-2007, 09:42 AM #25
Re: beach goers harrassed
did they ever deign to offer a response? i look forward to reading his Op-Ed. that will cause house prices and tourism to tumble here. so pathetic, that people who behave this way toward visitors and homeowners don't make the connection that this is where their bread is buttered.
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07-15-2007, 09:47 AM #26
Re: beach goers harrassed
we don't really agree. my point is that if we're marketing this area as the "the beaches of south walton" tourists should be free to come and go around our beaches. not have tons of signs and ropes and barriers making them feel unwelcome and uncomfortable. otherwise, just change the branding "the beach of south walton" to "the condos and strip malls of south walton".
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07-15-2007, 10:01 AM #27
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Re: beach goers harrassed
My almost 90 year inlaws could say the same thing for anywhere in the United States for goodness sakes Shelly.
Your obvious distaste for realtors and vacation property owners is shining through once again like a lighthouse. Nobody has to "lure" anyone like a dang snapper to come to our beaches.
The TDC promotes our beaches nationally through marketing and people from all over are finding out about our so called "secret". Not to mention that tourism fuels the local economy creating at least 50% of the jobs.
As far as Destin is concerned, some people like the hub bub there, others prefer our area, which as you already know could never look like Destin, with it's high rise condos due to our 50 ft building maximum and dune lake conservation. 40% of Sowal is State Forest Preserve.
Give me a dang break. I truly dislike seeing people jump on the bandwagon to further another agenda about a few isolated incidents, and including incidents from Destin which is another County for God's sake. The incidents occuring in a particular area are due to some owners making a statement right now about density. Isolated incidents, however this is not reflective of what's occuring up and down 30A.Last edited by Mango; 07-15-2007 at 10:14 AM.
"With Liberty and nothing for all" ---my 3 yr. old nephew's version of the Pledge of Allegiance.
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07-15-2007, 10:50 AM #29
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Re: beach goers harrassed
Ok, how bout nevah?
What ticked my ire was the luring bit of vacation owners and realtors.
I agree that once density increases, this could become a much larger issue, just don't put blame on any group. IMO.
Maybe there will be a prayer meeting about density and I'll come and get Shelly in her fake nose, sunglass and sombrero get up.
"With Liberty and nothing for all" ---my 3 yr. old nephew's version of the Pledge of Allegiance.
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Re: beach goers harrassed
This entire continuance of the BCC approving density increases will kill the part of what makes our area so attractive. Right now, in Miramar Beach, I can show you place on the beach where you can see umbrellas and chairs, three rows deep. Even if the BCC stops increasing the density today, when all of the existing lots are built out, we, too, will be seeing three rows deep of umbrellas and chairs on the beach.
I think the BCC is too focused on the short-term and generating tax revenues.
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07-15-2007, 11:31 AM #31
Re: beach goers harrassed
I expect more of the same now that "Sorry Charlie" has decreed that counties must cut taxes. One way to "bump up" the tax would be to re-zone existing property to higher density in order to increase the tax revenue.
Mango: No prayer meetings for density....Density if the devil's work
.But hey...Top Ramen tastes a whole lot better when you eat it off of a Granite Countertop. (Mr & Mrs Too Much Homebuyer)
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Re: beach goers harrassed
yeah, it's as though the Growth Management Act and the Comprehensive Plan do not exist for Walton County.
Can anyone say developers with deep pockets?
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07-17-2007, 09:46 PM #33
Re: beach goers harrassed
What this is really about is the need for law reform. "The law is not an enemy of common sense." Therefore, no one should have the ability to "own" the beach! It doesn't make any sense. Of course tourists (or even locals for that matter) don't know what beach is considered private and what is public. Personally, I know I look for a vacant spot of beach when I go, which is more likely to be "private." How sad that our tourists are being inconvenienced by property owners. To those owners--shame on you. Your conscience should tell you better.
However, there's no point in getting down on property owners, sheriffs, or tourists. This is a legislative issue, unfortunately. All I can hope for is that it can be voted upon or perhaps a lawsuit will arise that will call for law reform. Until then, I have no problem beaching wherever I please until asked to move. That won't be pretty...
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Re: beach goers harrassed
summertime, that sounds nice and pretty, but the truth is that the legislature will not give a rat's @ss about the situation, and they will let the Courts decide. So, the only way to make the Courts decide is to sit on the beach and let them arrest you.
Last edited by Smiling JOe; 07-17-2007 at 10:59 PM.
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Re: beach goers harrassed
an idle thought: if there's going to be any arresting to be done, does it make more sense to one or two arrested individually or 50 arrested on a saturday??
i have no idea why i'm posting at such an hour... oh yeah, neighbor's dog
Last edited by John R; 07-18-2007 at 02:45 AM.
click >> Filter your water instead of using bottled water << click
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Re: beach goers harrassed
I hope y'all get it figured out.
Who owns the shoreline (and what is to be done with it) is probably an issue of one sort or another all over the world.
There was a big stink over here (actually, St Augustine) a couple weeks ago about beach weddings; beachfront property owners were complaining about the traffic.
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09-20-2007, 07:02 AM #37
Re: beach goers harrassed
Monday the judge dismised our case in Okaloosa county. He took the low road and side stepped the property rights issue that he had asked to hear and dismiseded it as being without merit. So I will be back to fishing for the fall season.
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Re: beach goers harrassed
I believe the judge finding it 'without merit' is a very good thing, aint it?
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09-24-2007, 07:04 AM #39
Re: beach goers harrassed
Good for me but it does nothing to give clarity to the whole beach ownership issue.
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Re: beach goers harrassed
This issue will be revisited as development continues, and I believe the Supreme Court may eventually hear it given the attitude and resources of oceanfront homeowners.
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Re: beach goers harrassed
So it would have been ideal for him to hear the case and make a ruling, then that case would have set a precedence for all cases because of the one judge's ruling, is that correct? Wonder why he was motivated to say it was without merit? Doesn't that help the case a little?
Do you think he is pressured by developers?
Last edited by seacrestkristi; 09-24-2007 at 09:14 AM.
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Re: beach goers harrassed
Did the judge have a comment on how you were characterized by the homeowner/media? At one point I thought you were considering slander/libel.
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Re: beach goers harrassed
Anglers Prevail in Beach Issue
http://www.thedestinlog.com/articles...lay.php?a=3548
Attorney Gene Swiatek’s brief for the two men said there was no concrete evidence of harassment and that Kathy Wright’s claims in her deposition were based on subjective feelings such as “I felt like you were turning around, looking at the house.”
Stone’s ruling said a finding of repeated violence required two incidents of violence or stalking; a harassment charge involved a course of conduct that causes “substantial emotional distress ... and serves no legitimate purpose.” He said neither standard had been met.
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09-24-2007, 11:41 AM #44
Re: beach goers harrassed
"No part of Florida is more exclusively hers, nor more properly utilized by her people than her beaches." City of Daytona Beach v. Tona-Rama, Inc., Florida Supreme Court, 1974.
"Florida is advertised as a playground, a retreat from the hurryscurry of the modern world and from the rigors of northern climes. Fishing and swimming are prominent if not principal items of the entertainment the stranger expects to find here." Duval v. Thomas, Florida Supreme Court 1959.
"With Florida's population burgeoning and its recreational needs multiplying by leaps and bounds, the State's courts can ill afford any longer to be profligate with its public areas and allow them to be frittered away upon outmoded pretexts for commercial exploitation." City of Daytona v. Tona-Rama, Florida Supreme Court, 1974 (dissenting opinion)
These statements by Florida's Highest Court were made over 30 years ago! Is it time for Florida's citizens to take the "initiative" on their own???
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Re: beach goers harrassed
litiGator
By initiative do you mean beach sit ins
on this supposed
, uhhh private property?
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09-24-2007, 08:23 PM #46
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09-25-2007, 01:29 PM #47
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Re: beach goers harrassed
I was down for the wonderful Seaside wine festival last week and stayed in a house on Redfish Circle by the Inn at BMB. There is a public beach walkover to the west of the Inn that apparently leads to nowhere. When you step off the boardwalk onto the sand there is a sign to your right directly in the center of the beach stating Retreat only and one 3 feet to the left of that stating Inn at BMB only and another about 100 feet farther to the left stating White Cliffs only. I specifically remember a publicly funded renourishment of the area a few years back. This boardwalk must serve at least 30-40 homes on the south side of 30-a and 100's on the other side. How is anyone visiting supposed to get a positive feeling about the area with idiots putting up such a fuss about a beach? Even if you visited the Inn or White Cliffs or the Retreat it seems one would come away feeling strange about this. I own property on and off the beach and just feel lucky to be there no matter where I stay. Does anyone have an update on this issue?
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Re: beach goers harrassed
I don't have an update but I think it's a giant crock o' crap! WTF do these folks think they are? Grayt point about all our taxes renourishing their supposed private beach, why?! Hey, did you see the thread stating Rosemary was bragging about having security guards on their beach access turning away Seacrest neighbors from using 'their' private beach.
Alys Bach is claiming they are a 'town' with 1500 feet of emerald coast beaches. Another thread on here said they've only sold 6 homes. How does that warrant being called a 'town'? Why did they build their supposed 'town' in the middle of another already established town of Seacrest Beach? They have neighborhood parties everytime you turn around but nobody seems to question if they are attempting to privatize a portion of what is actually Seacrest Beach.
Just wondering did anyone else complain when they screwed up the scenic route of the public's bicycle path down there? Why not? Is anyone else asking them about the beach and township claims? Is it the nice parties that make people not ask or are other people asking too? When they post invitations on this board you can ask them their beach plans, I have anyhow, if they plan on privatizing that is, and they totally ignore you with no response. That to me is a pretty clear answer in itself. Why wouldn't you respond with a resounding, 'NO"? if you weren't attempting such? Please set me straight, Alys. I will add I have never been harassed on the beach there and I have not seen signs on the beach yet. Wouldn't it be something if they were the first of these 30-A ritzy developments to publically announce no plans of privatizing their beach? Now that would be original! Heck why not a big beach party? I haven't visited in a while and am scared to come find signs all over the beach.That is just sad period that anyone is allowed to A) Claim the beach private just because they had the money to build gulf front. B) Place signs on the beach other than the county. C) Pollute like that.
Dern, why did I have to read this first thing? I let myself get so worked up about people trying to take beaches from the public who pay taxes to care for and enjoy all the beaches. I don't live there yet but own and pay plenty of taxes. I stand guilty of never attending a county commissioner's meeting. I would probably get kicked out anyhow because of running my mouth too much.
Would it really make any difference?
I have e-mailed each of them with concerns in the past. So sorry to talk too much again.
Just worried about the beaches and realtors and some private homeowners claiming them as theirs alone.
Last edited by seacrestkristi; 11-07-2007 at 10:40 AM.
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Re: beach goers harrassed
The walkover beside the Inn at BM is not publically-OWNED, it is owned by the Village of Blue Mountain HOA (or something like that) and they let the public use it. The closest publically-owned accesses are Gulfview Heights behind Goatfeathers to the west and the one at the end of CR 83 to the east. I think they are currently building the restrooms and parking at the one at the end of CR 83 so I would go to Gulfview Heights.
As far as a County beach nourishment project there, it is still in the planning phases as part of the 30-A project. Here is a link to the update.
http://www.protectwaltoncountybeache...nitiatives.aspThe best criticism of the bad is the practice of the better. Richard Rohr, OFM
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