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Questions for Walton BCC Customary Use Committee 1. What is the expected result of the committee? “Dec 13, 2016 BCC Minutes. Mr. Alan Ficarra asked for clarification regarding the purpose of the committee. Mr. Larry Jones stated the board [Walton BCC] previously adopted a Customary Use...

John G you are right on point. As reflected by President Elect Trump's victory, if anybody has any doubt that Americans like Walton beachfront owners are MAD as Heck and Aren't Going to Take it Anymore there should be no doubt and beachfront owners will fight Walton Commissioners $40-$50...

Spot on Vagrant. Didn't spend too much time on Dave R.'s source doc after the settlement was a FL DEP eminent domain that St Joe "... is defending against the taking and claims full compensation under the Constitution and laws of Florida for the taking of such portion of its property ..."...

What are you afraid of? That you won't be able to bring your unpermitted and unleashed dog on the beach? Dig your 3 ft deep sand pit without filling it back up? Won't be able to leave your trash without picking up? Won't be able to surf when double red flags are out? Customarily set up 10...

Use of canoes and boats are about as valid as customary use of private property. Not very.

Dave R, please site one reference in Tona-Rama that mentions Constitutional 5th Amendment “taking”. I couldn’t find it. My reference in this and most cases I refer to “taking of recognized private property rights” is not a reference to a formal judicial “taking”. That is a specific process...

Dave R, please site one reference in Tona-Rama that mentions Constitutional 5th Amendment “taking”. I couldn’t find one. My reference in this and most cases I refer to “taking of recognized private property rights” is not a reference to a formal judicial “taking”. That is a specific process...

Dave R, July 24, 2016 was a while ago. Did you send this to each of the Walton leadership in July? What was Their response? Nada, I’d guess. What was wrong with Gov Huckabee's Beach Share proposal back in April 2016? When did you meet with beachfront property owners and Gov Huckabee? Recently...

I know I should keep to little sound bites but to answer your question and try to explain my and many private property owners position I cannot. You have made it clear you know all that you need to know about custom and its history. "I know what the common law says about custom ...". Same old...

You and property right opponents have the burden of proof to eliminate or substitute public customary use, with evidence and facts, superior to legally recognized private property right of use, enjoyment, and exclusion 1,000 owners have had, have today in title, and pay property taxes on. I...

Thanks Danny. 1. “The trespass law changed to cover dogs and made the owners responsible.” I asked it before; then why did private property owners have to litigate to stop hunter’s trespass? That's one of the points. I'm not going to take your word for anything unless you have some facts to...

Not that I ever heard about. It's a free market. If there is a willing seller/lessor and willing buyer/lessee that negotiate at arms length; commissioners could buy or rent from owners willing to I suppose. Or are you inferring that commissioners should compel property owners to sell or lease...

Walton can do that now on the free market and commissioners have recently in Dune Allen. Commissioners have many offers. Make an offer. Until then please respect the owner property rights that they have had and have today. And the Sheriff should enforce those owner's rights, the same rights...

Can you explain WHY you think public custom in Walton is ancient (how long is ancient?), reasonable (what is reasonable?), how it is without interruption, or free from dispute. I understand your opinion but what do you based your opinion on? To just say it applies is not enough. What is the...

My purpose is to elicit those interested in customary-use to understand it. Most of the comments I read, especially from outspoken opponents of property rights, are not based in fact, based on emotional outcries to justify the means, or just wrong and I have pointed out the facts of the matter...

“But the state changed the law and that was that.” Please Danny when you make statements of facts can you present or explain the fact. What specific state law are talking about? If the law was so final and clear why did the private property owners have to litigate against Fish & Wildlife and...

Can you describe what Tona-Rama law is and how it applies to to FL private property or more specifically Walton private property is subject to custom so I understand? To just say it applies is not enough. Yes, time and tax payers million$ will tell. I would bet you a large sum of money about...

Bob Wells, if one person takes the time to study and understand better the history of custom and customary use because of the questions I’ve asked and the points I’ve made, even to dispute them, it’ll be worth the effort. You should be skeptical but open minded. From the comments I’ve read, not...

Has who changes their minds about what?

I don't think that it is a partial answer. [The question I asked Danny; what is the historical custom criteria? Did Tona-Rama define the criteria is applied? You may think it an irrelevant question but law is defined by legal history.] That is how the Court's in Florida have defined customary...

The deer-dog hunters should have claimed customary-use to hunt on the private property. Wonder what Theriaque's defense would have been then? But since the judge agreed with Theriaque and ruled hunters could not violate the private property owner's rights to exclude the hunters we will likely...

Sorry, I wish I could make simple answers to difficult questions. CatMoney, you at least had an answer. Thanks. It’s a partial answer to the question of what are the historical criteria and limits to a claim of custom I think. Danny claims to know what the historic custom criteria are but...

Danny how does beach services most owners did not ask for on their property and for some owners feel impose on apply to the to the common-law of custom? Want to take a referendum of individual property owners to see if they would (1) want Walton beach services and give up their right of who can...

You are mixing cases. Which party prevailed in the Thepanier case? Might want to read the both cases, rulings, and legal conclusions again. Danny or Dave R you seem to be knowledgeable opponents of private property rights would you care you to address the Trepanier and Tona-Rama case facts...

Sorry I wish I could make simple short answers to your points but this is not a simple topic as you try to make it. Danny, again you did not answer the previous questions about customary-use but pivot to an unrelated questions. First how are any of your points criteria to claim customary-use on...

ShallowsNole, Do you want to take a try at explaining common-law criteria of custom or customary-use of private property? A long time as you point out is but one criteria. Danny claimed to know all the historical custom criteria but has failed to take up the challenge to name or explain them...

Thanks Danny for the reply. Guess I should have expected a “YES” answer to my question. Can you explain simply the historical limits of custom and how they apply to those of us who are unfamiliar with common-law custom and its application so people who want to make an informed decision for...

Sorry it’s hard to keep it short and cover all the points you make. Danny, you could make a good politician. You state you are absolutely for property rights but you are not for littoral property rights if you are for taking property rights owners have had and have today and you have avoided...

You mean littoral property owners have paid a premium and property taxes for public use of their private property to their deeded MHWL property boundary all these decades? Then the Walton Sheriff over the many decades have falsely and illegally enforced Constitutionally protected private...

Dave R. you are correct. Don't waste your time if all you have is opinions, misinformation, emotional calls for I'm right and you're wrong, and NO facts. You and Danny seem to be the biggest advocates against property rights and litigating against property owners with tax payers million$. Yep...

M1, the public right-of way (RoW) is public property, not private property. You can park on the 30A right-of-way, in front of private beachfront property today, next to a bike path, as long as you don't value your or your family's safety of getting run over, and voters/owners didn't even have to...

Sorry for the long reply but there is so much misinformation and opinion to reply to. Danny, free market economy is based on supply and demand. You presuppose that taking private property rights will reduce the demand for the beach and negatively impact the Walton economy. My crystal ball...

Is parking in owners front yard allowed for the state of SC or IoP only? You can park on the public right of way but not on private property. Please backup your facts. Beach Access & Parking - Isle of Palms

Danny you seem to be a voice of reason and an informed person, unlike many who are against littoral private property rights. I think you are correct, you cannot unscramble the egg and about 80% of littoral beaches in Walton is private property with all the rights you and any owner north of Hwy...

Enlighten us Truman Burbank. You seem to be the only one that knows what your point is.

I get it. If everyone would be one with nature like it was in the past, life would be simpler, and we would not have private property and strife and everyone would be happy. Wonderful sentiment but not realistic in today’s world or in history. There was as much or more strife for native peoples...

Already asked and answered on page 12. Nope not a lawyer. Just an informed supporter of the Constitution and property rights. You are likely right. It's hard to unfreeze positions if you don't know the facts. The Walton BCC should be leading the way to get the facts out and educate the public...

So should the public be able to use coastal lake owners private property, docks, pools to fish, sunbath, swim, and have fun? Should property owners have to remove there fixtures and return the land to "... the incredible beauty and spirituality of our coast."? If I had to live 100 or 1,000...

People need to educate themselves about the historical criteria and limits of common-law custom. Failure to meet any of the criteria invalidates the custom claim. Time is but one of the criteria. Historically custom has to be since time immemorial, “so long, that the memory of man runneth not...

I could but thought you would know by your statements of fact. I could be wrong about SC laws. M1 here are the statements you made; "Of course, all beach in SC, except on private islands, is public." "In SC, from the sea oats out is public." "Selling beachfront property to include the sand...

M1, you won't or can't answer the question? I ask the question not to "talk down" to anyone but to know if you have any credibility about what you are talking about. You nor anyone has to answer to me. I know the answer. It's less than five. Not the majority (26?) of states. You'll have to do...

M1, most states do not allow selling beachfront property, property at lest to the MHWL? Is most, 26 of 50 states? Can you name the American states that "do not allow this"?

MRBS, " the right to exclude others who have peaceably used that sand for decades is not among the bundle of rights conveyed when one buys beachfront property, as opposed to other types." That is where you are wrong. Since 1776 and FL statehood Constitutional property rights (right of...

Good I was tiring of pointing out your incorrect or unsubstantiated statements of fact.

Should have said; It does [not] matter what I would do.

That is an individual property owners right and choice. It does matter what I would do. MRBS, if you were on private property would you deny a private property owner their personal spot on their own property they paid for and pay taxes on and have used and enjoyed continuously since 1975? Would...

“You've obviously never been to Ed Walline.”[If I’ve never been to Ed Walline how would I know it’s next to the location of the video? I know what it’s like. Why should private property owners have to shoulder the burden of the public demand and give up rights that they earned and pay taxes...

Mike, you obviously don't read the posts. "Walton [already] marks public beaches [boundaries] were beach vendors can setup chairs and umbrellas." We live in the now not yesterday and littoral MHWL property owners have all the property rights you have plus some others. I agree, but for different...

Mike, you lol but I don't think I need to address who is the more "informed supporter of the Constitution and property rights." It is interesting how two people can view the same images and see two different outcomes. Again, I posted how I thought both parties should could have handled it...

Nope not a lawyer. Just an informed supporter of the Constitution and property rights. Unsure which "guy" you are referring to. But, we don't know what preceded the video so do you know all the facts? I stated how I thought both parties should have handled the owners request in the previous...