Public vs Private Beach [threads merged]

steel1man, is this the best you can come up with to throw smoke on your false claims of the 3 public beach accesses on Blue Mountain Road that you claimed are private that I'm calling you out on? Trying to diminish my posts and positions with juvenile gibberish is just is not helping your "cause" in my opinion. And honestly I don't know what your cause is anymore.

BMBV & steel1man. With all due respect... You guys are probably neighbors. Kind of remind me of a movie I once saw:

BLUE MOUNTAIN BEACH AND ALL 3 NEIGHBORHOOD ACCESSES ARE PUBLIC!!!

Okay, now that I have your attention, I would like to revisit the public/private beach issue involving the white sand area in Old Blue Mountain Beach. I have a little more information and would like to pass it on to the forum members.

I secured a copy of the original subdivision plat (see attachments). The plat shows that the West Florida Development Company Inc. platted the subdivision and that it was filed with Walton County on October 6, 1948.

The plat clearly identifies and defines the legal boundaries of the Blue Mountain Beach Subdivision No 1, now known as Old Blue Mountain Beach.

On the written legal description of the subdivision, the southern boundary is described as the “bluff line of the Gulf of Mexico”. Yes, please read this phrase a second time and then think about it. On the plat each beach front lot has a fixed southern boundary that corresponds with the marked “bluff line of the Gulf of Mexico”.

This would indicate that the beach front owners do not own any dune or white sand area extending beyond the bluff line, which is also their southern property line. Their stairways, some seawalls and other infrastructure lie beyond their southern boundary.

Now let's go back and look at the quiet title lawsuits used by the beach front owners to get title and, more importantly, control over the white sand beach area. They filed suit against Blue Gulf Corporation, a subsequent owner and developer of the Blue Mountain Subdivision No 1.

Another poster commented that it was the intent of Blue Gulf Corporation to give the beach to the beach front property owners. Did anybody involved in the quiet title lawsuit bother to look at the original subdivision's legal boundary? West Florida Development Company and, later developer, Blue Gulf Corporation never owned the beach in the first place. Those quiet title lawsuits mean absolutely nothing. Neither party to the lawsuit had a title to the beach. You cannot sue for title when the entity you are naming does not have title.

Secondly, let's address the three neighborhood accesses in Old Blue Mountain Beach. The written legal description on the subdivision plat states the following: “and having caused the above described land to be surveyed, sub-divided, and platted into a subdivision named Blue Mountain Beach Subdivision No 1, do hereby dedicate to the perpetual public use all streets, avenues and access areas in said subdivision...” The aforementioned plat does indeed describe the three beach accesses as “access area”.

To summarize, the three neighborhood access are, in fact, public accesses. Furthermore, the white sand beach lies south and outside of the “bluff line of the Gulf of Mexico. Beach front owners southern boundary is the bluff line and is well defined in the original subdivision. Their property does not go beyond the bluff line and into the white sand beach area.

It's time for the County to take ownership and management of all white sand area in Old Blue Mountain beach. Control vendors and beach front homeowners that are interfering with the public's use of the beach.

I asked in an earlier post specifically which beaches are "public".

The theme of much of this post has focused on Blue Mt Beach.

So am I clear that these are the spoiled, rich, greedy owners I am now supposed to oppose their private property or are there more on 30a?

I'm just trying to see where I should focus my envy and hate.

(Sarc)

I asked in an earlier post specifically which beaches are "public".

The theme of much of this post has focused on Blue Mt Beach.

So am I clear that these are the spoiled, rich, greedy owners I am now supposed to oppose their private property or are there more on 30a?

I'm just trying to see where I should focus my envy and hate.

(Sarc)

There is an article in the Beach Breeze this week about Gulf Trace. Gulf front owners there are trying to keep the rest of the owners off the beach and getting sued. The same owners who have septic tanks and drain fields on the beach. Now that I think about it they are probably doing the other owners a favor by trying to keep them off the polluted beach.

I asked in an earlier post specifically which beaches are "public".

The theme of much of this post has focused on Blue Mt Beach.

So am I clear that these are the spoiled, rich, greedy owners I am now supposed to oppose their private property or are there more on 30a?

I'm just trying to see where I should focus my envy and hate.

(Sarc)

Public's has my fav IPA on sale and finally have Beer Nuts n stock. So,I'm stocked and sitting back and watching the want-to-be Private-Eyes, and Witch Hunters scour the stacks at the library for tell-tell docs. #Watching#
But remember I still have my favorite big wooden spoon, perfect for stirring the POT. Which is what I like doing the most,and I know, How and WHO Just needs a little push and their off on their rants........See Y'all At The Beach and thanks for keeping me entertained....

Walton County Board of County Commissioners meeting 9 a.m. on April 26 at Walton County Courthouse, DeFuniak Springs. Among items on the agenda are: a request from Walton County Tourist Development Council (TDC) for further direction on plans for the Walton Dunes Public Beach Access; and citizen comment and requests regarding the latter beach access.

I've spent the past two days on the beach near Ed Walline and Blue Mtn.

I've seen a few private signs, no gates, ropes barrbed wire to the wet sand...

Everyone I saw was free to travel East and West and West and East again, undisturbed and unmolested.

I really don't see what the big issue here is and neither did the people I spoke to. They complained about PARKING.

I did notice about two dozen glass container violations and no one giving a flip about that. Many were in the direct view of our life guards. Do they not have cellular phones where this can be reported to WCSO or the over paid and underworked code enforcement? Really? Its not even summer yet!!!

Before anyone jumps on me about the direct view of the guards, it was clear and flat today. One of the violators was about 10 feet of the guard chair at EdWaline...

Not the lifeguards job. Did you make a call?

I noticed that as soon as you step onto the beach access in BMB there is a beach vendor to greet you along with plenty of chair setups clogging the view and Beach. I guess it's just part of the beach experience now? How sad.

Not the lifeguards job. Did you make a call?

Typical and expected response. Not my job... Basic Walton County.

I stopped calling WCSO for this (and Code Enforcement) after last year when I waited for over 40 minutes for a response. No one came. It's all documented.

I'm just looking for some solutions. Why can't the guards make a call? Union rules?

You are a class A can kicker Mr Union rep!

Or maybe you want someone to cut their feet on glass. It will generate a call and you all can log a response for stats...

Give me a break Bob...

I think its everyone's responsibility to be good stewards of our environment.

" Not My Job" is a T-shirt for all Walton County Employees to wear on Casual Friday.

SWFD can design and fund this program, even though they are not " County"

Sorry SWFD, your Union rep brought this upon you.

" Not My Job "!

I have always supported SWFD but this is enough!!!!

First, the lifeguards are not represented by the Union. Secondly, as for my comment that it is not their job, it could, in my opinion create a conflict between those they are suppose to protect and themselves as sometimes things can get out of hand when you have angry customers. Thirdly and finally, because I am a Union Rep does not have anything to do with SWFD. When I make comments on this board or anyplace else I do it not as an employee and in a majority of the time not as a Union Rep, but as a citizen and taxpayer. You or anyone else do not have to like my opinions but they are mine, I own them and will not back away or hide from folks who hide behind screen names because the fear something or someone.

Regarding BMB and access: I walk the beach and go up and down the beach access stairway on the the weekend. The private beach signage continues to expand and there is no reason to think that this trend will not continue until appropriate action is taken by the county.

By Dotty Nist

Dfeunaik Herald Article
Voting to hire an attorney for research on historical beach use data and other related investigations, county commissioners also took up a number of other beach-related issues at their April 12 regular meeting at the South Walton Annex.

Continues here...
Officials vote to hire attorney for research on beach use, take up other beach issues | Defuniak Herald

Regarding quiet title lawsuits in Old Blue Mountain Beach. I have attached the source document used by homeowners to substantiate quiet title to the beach down to the MHWL. The source document is the 2 page covenants for the blue mountain beach subdivision (attached).

The covenants actually do provide for conveyance of the beach to the beach front property owners, but those same covenants also state that the beach area shown on the subdivision plat is for the use and enjoyment of all property owners in Blue Mountain Beach. It further states that any future conveyance, transfer, etc. of the beach property (i.e. Quiet Title) will not interfere with that right.

BLUE MOUNTAIN BEACH AND ALL 3 NEIGHBORHOOD ACCESSES ARE PUBLIC!!!......

Thank you for acknowledging the fact about the 3 accesses. But I'm still baffled regarding the silence on this thread on this topic.

Many WANT and think it's OK to simply take private property and convert it to public with little to no proof as to the customary use stringent burden of proof (as most of you should know): ancient, reasonable, without interruption and free from dispute.

Many attack the positions of private property owners in terms of their wanting to keep what's theirs....not a new idea in America (the idea of protecting what's yours, that is).

But the point here is that when the public has a full right to beach access (4 accesses in this case on Blue Mountain Road), and a certain individual falsely states in no uncertain terms that 3 of the access are privately owned, nobody says anything to correct the statements from this certain individual except me - and now you, jkmason. Thanks again.

It's as if many are afraid to correct one of "their own" because of the mixed signals that such a correction would yield (that he wants public beaches but doesn't want anyone to know about the EXISTING 3 public accesses). Honesty is one of the ways to help legitimize one's position. And honesty seems to be a lost art these days.

BLUE MOUNTAIN BEACH AND ALL 3 NEIGHBORHOOD ACCESSES ARE PUBLIC!!! ..........
......It's time for the County to take ownership and management of all white sand area in Old Blue Mountain beach. Control vendors and beach front homeowners that are interfering with the public's use of the beach.

Regarding quiet title lawsuits in Old Blue Mountain Beach. I have attached the source document used by homeowners to substantiate quiet title to the beach down to the MHWL. The source document is the 2 page covenants for the blue mountain beach subdivision (attached).

The covenants actually do provide for conveyance of the beach to the beach front property owners, but those same covenants also state that the beach area shown on the subdivision plat is for the use and enjoyment of all property owners in Blue Mountain Beach. It further states that any future conveyance, transfer, etc. of the beach property (i.e. Quiet Title) will not interfere with that right.

So as I mentioned earlier, all of Blue Mountain Beach to the east of the 83 access is not public. jkmason, whether you like it or not, you're building a good reputation in my book - not that you really care . Unlike some others, you at least followed up your incorrect claims with more research and then admitted fact. It's appreciated.

BTW, all of this was discussed 9 years ago regarding BMB. One Smiling Joe took the same position as you originally did. I tried to let him see the light but he was stubborn. He finally came around.

See instrument # 1011222 in the official records.

Question for BMB vagrant.

So as I mentioned earlier, all of Blue Mountain Beach to the east of the 83 access is not public. jkmason, whether you like it or not, you're building a good reputation in my book - not that you really care . Unlike some others, you at least followed up your incorrect claims with more research and then admitted fact. It's appreciated.

BTW, all of this was discussed 9 years ago regarding BMB. One Smiling Joe took the same position as you originally did. I tried to let him see the light but he was stubborn. He finally came around.

See instrument # 1011222 in the official records.

Vagrant, you make a lot of great points and I respect your opinion. The instrument you reference (deed to lots that now include beach front) states that beach front property owners "will not interfere with the normal use and enjoyment of said beach area by any owner of property in blue mountain beach..." As an owner in BMB am I welcome to sit in my beach chair on any part of BMB or plant my fishing pole on any white sand area on BMB, including those properties marked private beach?

What is instrument # 1011222 in the official records.

Instrument 10111222 is a deed for a beach front lot at Blue Mountain Beach. You can look it up at the clerk's office.

Landmark Web Official Records Search

You can do an instrument number search and look up the above mentioned number.

Ok, thanks. I looked it up. I would like to see the deed that says the dissolved corporation owned below the dune line. I realize the complaint in the quiet title action says they owned it, but where is the deed to prove it.

There is an article in the Beach Breeze this week about Gulf Trace. Gulf front owners there are trying to keep the rest of the owners off the beach and getting sued. The same owners who have septic tanks and drain fields on the beach. Now that I think about it they are probably doing the other owners a favor by trying to keep them off the polluted beach.

Case was filed by the neighbor across the street from the defendant's property identified as Salt Cake in Gulf Trace. Plaintiff is arguing customary use doctrine. Case # 2015-CA-377. Filed in August 2015.

Question for BMB vagrant.


Vagrant, you make a lot of great points and I respect your opinion. The instrument you reference (deed to lots that now include beach front) states that beach front property owners "will not interfere with the normal use and enjoyment of said beach area by any owner of property in blue mountain beach..." As an owner in BMB am I welcome to sit in my beach chair on any part of BMB or plant my fishing pole on any white sand area on BMB, including those properties marked private beach?

Is this just a "jab" or are you serious?