Public vs Private Beach

As to valuing the land? I would think that would be pretty strait forward. Say a land owner has a ? acre lot appraised at a fair market value of 1M. And say that 25% of the property is what the state wants to take. So 25% of 1M is $250K.

I'm not so sure it would work like that. Once you give the property owner the density based on the complete property, to "protect" their value, you cannot simply give payment based on a ratio of land to value. The lower elevation of land has limitations of use. For example, one cannot build on the lower elevation of the beach. Even to construct a walkover, one needs a permit. The land is basically unusable property compared to the upper elevations upon which a home can be built. The values of each are not in the same ballpark.

Even if it were possible for a taking by eminent domain, why would the gov't want to pay for property which has always been used by the public? Doesn't make sense.

As long as I can remember, the beach, up to the "mean" water line, or the edge of the dunes, belonged to the state. No one could own it. How these people "bought" it, I have no idea. Who was paid as the original owner? Wouldn't that be construed as theft? They sold land to an unsuspecting buyer that they didn't own? Sounds more like a criminal offense to me. The old saying buy swamp land in Florida seems to be what's going on. What about a title search? Who showed up as owner? Or was that part just made up? Or, perhaps because the shore line has eroded to such a degree, the old mean water line has disappeared? Whether you are aware of it or not, much shore line has been lost in the last 50 years, were the old surveys kept current? In fact, the shore line continues to erode, and always has.

It all so clearly falls under "customary use". Even if the courts wanted to rule in favor of the homeowner I feel they know that will never fly. People have been using these beaches in complaint too long.

I am still puzzled why someone would buy property that has people playing out back and then begin to complain about these people playing out back.

You know, an interesting question concerning errosion, if you compare the shore line now, to say 50 years ago, then forecast for the next 50 years, where does the beach lie then?

You know, an interesting question concerning errosion, if you compare the shore line now, to say 50 years ago, then forecast for the next 50 years, where does the beach lie then?

Dothan, AL.


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Dothan, AL.


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Dothan, AL.


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Well that settles it, the beach in question won't even be there, and therefore no arquement!

Dothan, AL.


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Good one.
On the other hand, really scary, too.

Go baack a few thousand years and you will find that the gulf's edge was in North Mississippi, etc. You can find shark teeth and other ocean based items approximately 20 feet deep in certain areas.

What hs happend before can happen again!!!

Maybe they should consider changing the name of the Emerald Coast to "Wiregrass Beach."

Go baack a few thousand years and you will find that the gulf's edge was in North Mississippi, etc. You can find shark teeth and other ocean based items approximately 20 feet deep in certain areas.

What hs happend before can happen again!!!

Yep, a north Mississippi law firm!!!!

Re: Public Beach & Bay Accesses - list and map

Are you going to be there when the next tourist gets arrested for not understanding this situation [edit: and becoming beligerent as a reult of] and then tell the sheriff to their face that the "law is not clear" so they must set the tourist (trespasser) free?

You bet. If I am aware that the arrest is taking place, I will gladly explain to the police officer that "we" have been using these beaches for years and that this is all just a giant misunderstanding.

BMBV, you can bet if I know of an arrest situation on Blue Mt. Beach I will be there standing with others to explain the situation the the sheriff deputy. Customary Use of the Beach is a long standing function of law. I didn't put myself in harm's way many times in my lifetime so someone could tell me I couldn't sit or play respectfully on any beach in the USA and especially on one where I live. Tourist season is upon us and we had better decide if we are going to be good neighbors or not, now.

Re: Public Beach & Bay Accesses - list and map

BMBV, you can bet if I know of an arrest situation on Blue Mt. Beach I will be there standing with others to explain the situation the the sheriff deputy. Customary Use of the Beach is a long standing function of law. I didn't put myself in harm's way many times in my lifetime so someone could tell me I couldn't sit or play respectfully on any beach in the USA and especially on one where I live. Tourist season is upon us and we had better decide if we are going to be good neighbors or not, now.

Andy, I appreciate your serving your country and all if that's what you meant by "I didn't put myself in harm's way many times in my lifetime...". However, neither you or I could stop an arrest at the Retreat. We are only two individuals. And the quickest way to get thrown in jail is to argue with the sheriff about "Customary Use" when one is asked to leave private property. And what makes you think that you and a sheriff are going to settle a long and complicated issue such as this at the height of emotional duress while standing on the beach?

I fully understand (and hope) that your comment is more figurative than literal.

Since you feel compelled to share your private beach with the public, I feel compelled to share (again) that your beach lies over 1000 feet from the nearest public access so overcrowding of your beach is not ever likely. Also since you are just one of several owners in your association, so is your voice. It would truly be interesting to see if your association members concur with your beliefs about their property.

Would you open your association's access to the public so they would not have to walk over 1000 feet to get your beach? I know that "nice?" new development next to Sally's would love to cross the street and use your property to get to the beach.

Andy, I truly believe you mean good, but I'm just a bit confused how you can "give away" a private beach that doesn't belong entirely to you in the first place.

A side note...do you believe your association had the "right" to construct a seawall on the beach?

First of all, BMBV, our board has stated many times in the past that our beach is useable by all. I have served on the board, my wife is now vice president and we believe the beach is for everyon's use as long as it is respectful usage. I am also sure that out of' nineteen owners you can find one or two who are as narrow minded on the use of the beach as you are. They don't live here, though, and I do. You are right about using our private access to the beach. We don't allow it. If the people across the street wish to use our aqcess, I'm sure we would consider a proposal. But then, I don't expect tourists to be trapsing through your living room to get to the beach, either. Once there, you know my feelings on beach usage. If it makes you happier, I'll just give away my 1/19th of our beach for usage. Am I allowed to do that as a U.S. citizen and "small" property owner? And yes, I was being literal in my post. I think this situation has to be ajudicated to a final conclusion and it seems the only way to do that is make waves. I'm hardheaded and have made them before and am sure not against making them again. I was going to also comment on the sea wall but I've decided it is to ludicrous to do so. Suffice it to say everything was done as we were instructed and allowed to do in order to save our building. It almost appears the next thing "private beach owners" will demand is that the public not be allowed to walk on the beach. What a travesty this situation is, where the American public cannot have free access to their own shores!

Well said, Andy.

Well said, Andy.

8Thank you, Goodwitch58. As you will note, I have very strong feelings on this subject.

Maybe they should consider changing the name of the Emerald Coast to "Wiregrass Beach."

Damn you, SJ, I tried for 20 minutes to kill that bug on my computer screen.

Andy, I thought we were not going to get personal here but believe me, you're not the first. I won't return the favor.

I don't believe that a majority of the owners where you live want to give away their beach (assume via easement).

I can't imagine that your board can make such a decision on its own (creating an easement) without the official approval of the members of the association during an official association meeting. That's a pretty serious change. And if the board did, shouldn't that be recorded in the by-laws as well as recorded easement? Or is it?

If your board did make such a decision without approval, your board would be wide open to a lawsuit by any association member.

You state that your access is private. Lack of public access is as much of a problem as the beach itself being private (per Surfrider). There's over 1/2 mile beach without public access between 83 and the Inn at BMB and your association's property lies right in the middle. So let's assume the public can use your part of the beach. What good does it do when it's practically impossible for an average family to realistically access it?

Feeling REALLY generous?...Open up your access so the public can realistically access your part of the beach.

I don't have a problem w/ private accesses, especially when the people who own and maintain the accesses are good neighbors and happy to share the sand with others. Making them all public just opens a can of liability and parking worms.

IMO people having to walk a little further to get to the beach just means they'll look better in their swimsuits when they get there :rofl:.

BMBV, why would there need to be an "easement" when we have already made it clear the beach is usable by ALL provided they use it respectively. And please stop trying to turn the beach access question into use of the beach. There are several reasons why our access is private not the least of which is the liability factor. Come on, your smarter than that and the two questions are not compatible.

BMBV, why would there need to be an "easement" when we have already made it clear the beach is usable by ALL provided they use it respectively. And please stop trying to turn the beach access question into use of the beach. There are several reasons why our access is private not the least of which is the liability factor. Come on, your smarter than that and the two questions are not compatible.

I strongly disagree with you that the questions are not compatible. One of Surfrider's primary goals is beach access.

If the distance I mention between the 83 access and the other access was 2 miles, do the questions remain unrelated regarding your stretch of the beach?

You said, "There are several reasons why our access is private not the least of which is the liability factor" but you don't share any of the reasons. What could they possibly be?...
1. Parking?
2. Noise?
3. Safety?
4. Trash?

Public beach means nothing without access. This is clearly documented on Surfrider's website and actually just plain common sense. It's nice to be generous when it doesn't cost one hardly anything.

You said that your board has stated many times in the past that your beach is useable by all. What about my previous questions, "And if the board did, shouldn't that be recorded in the by-laws as well as recorded easement? Or is it?"

Without it being legally recorded, those actions mean nothing if just one owner in your association were to enforce their private property rights. In fact, if the board stepped in the way, I would guess they could be sued all over the place by that one association member.

Andy, I believe you're a stand-up guy. But I also believe you take the legalities of private property too lightly, especially considering you ask us to believe that you're speaking for the ENTIRE association.

In my experience, on devisive issues such as this, you'll never get 100% agreement from all the association members. And that is what I believe it would take to make the change you're asking us to believe.

Regarding your board, I'm guessing it consists of 3 members. You state your wife is on the board. It takes only 2 votes for a board motion to pass. I assume your wife feels the same as you. You then already have 50% of the vote needed to support your statement...hardly a consensus of your association.

First you say I'm narrow minded, then you say I'm smarter than that. Oh well, I guess you're even.

BMBV...could you ask your neighbors down there to cover up those ugly seawalls with some sand? Check out Kurt's latest pics for the offensive evidence.

I don't have a problem w/ private accesses, especially when the people who own and maintain the accesses are good neighbors and happy to share the sand with others. Making them all public just opens a can of liability and parking worms.

IMO people having to walk a little further to get to the beach just means they'll look better in their swimsuits when they get there :rofl:.

Why in the hell didn't I think of that?????


Andy, forgive me. I have a great pair of binoculars we can share.

BMBV...could you ask your neighbors down there to cover up those ugly seawalls with some sand? Check out Kurt's latest pics for the offensive evidence.

Oh Miss Kitty....don't you know the private / public beach debate would still be here even if the walls were covered? And I'm flattered if you think I have that much influence on my neighbors. Better to ask people like Ecopal regarding those walls. (more SoWal etiquette). Besides, "ugly" is in the eye of the beholder.;-)
One more thing, those walls probably won't be here anyway after another decent hurricane hits. But that's all another topic as well as your post above.

Oh Miss Kitty....don't you know the private / public beach debate would still be here even if the walls were covered? And I'm flattered if you think I have that much influence on my neighbors. Better to ask people like Ecopal regarding those walls. (more SoWal etiquette). Besides, "ugly" is in the eye of the beholder.;-)
One more thing, those walls probably won't be here anyway after another decent hurricane hits. But that's all another topic as well as your post above.

...just thought I'd ask. At least when those things are covered by sand, we can pretend they are not there.