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beach goers harrassed

Beach Comber
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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.

Replies

108
joho avatar
Beach Fanatic
#2
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$$..............:confused:
BlueMtnBeachVagrant avatar
Beach Fanatic
#3
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$$..............:confused:
About your statement, "...property owners harrassing the public", could it just possibly be the other way around? I too hope this gets resolved, one way or another.
BlueMtnBeachVagrant avatar
Beach Fanatic
#4
....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.
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.
Smiling JOe avatar
SoWal Expert
#5
Perhaps law enforcement is more consistant than anything else.

It's the "rules" in Destin vs. the "rules" in Walton County that are "inconsistent".

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. :idontno:
BlueMtnBeachVagrant avatar
Beach Fanatic
#6
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. :idontno:

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?
.

Edited

Miss Kitty avatar
Meow
#7
So, it's not the rip currents, red tide, sharks or jellyfish we need to worry about? :idontno: 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?
SHELLY avatar
SoWal Insider
#8
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: ??

.
joho avatar
Beach Fanatic
#9
About your statement, "...property owners harrassing the public", could it just possibly be the other way around? I too hope this gets resolved, one way or another.

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. :pissed:
Beach Lover
#10
Walton County is going by the same attorney general's opinion that Okaloosa uses.
Banned
#11
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: ??

.

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.
scooterbug44 avatar
SoWal Expert
#12
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. :pissed:
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.
joho avatar
Beach Fanatic
#13
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.

Well put!
I agree with you 100% (that's what I meant by "the bite in the a$$".) ;-)
Smiling JOe avatar
SoWal Expert
#14
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. :pissed:

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?

Edited

joho avatar
Beach Fanatic
#15
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?

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 :idontno:

It's like the golf cart issue on 30A , "Just follow the rules"...........:wub:
scooterbug44 avatar
SoWal Expert
#16
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.

The whole point of this thread/uproar is that this is no longer the case!
Smiling JOe avatar
SoWal Expert
#17
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 :idontno:

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.

Edited

Smiling JOe avatar
SoWal Expert
#18


I wouldn't say that these people were being "harrassed," because the guy in the green shorts and visor, seemed fairly polite, but he did ask these people to move down to the water or the crowded beach next door.

Edited

Beach ComberAuthor
#19
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
Lady D avatar
SoWal Insider
#20
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. :idontno:
SHELLY avatar
SoWal Insider
#21
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.


.

Edited

scooterbug44 avatar
SoWal Expert
#22
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. :idontno:

Walking should be fine (especially if you do it fast enough). So far they just seem to have an issue with you being stationary on "their" sand!

I am going to my neighborhood beach tomorrow and expect absolutely no problems.
TNJed avatar
Beach Fanatic
#23
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.

Edited

Beach Fanatic
#24
I seen it before too, Shelly. I seen dis dude trudgin over da dunes in Destin to get out to da beach. Now dem dunes is owned by da man.
Panhandler avatar
Beach Lover
#25
I'll miss Florida in a way, but I'm really glad I moved:biggrin: ...
What a giant, lawsuit-burdened craphole :rolling: ...
Banned
#26
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


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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