Proposed bill could void Walton County's customary use ordinance

could potentially void Walton County's customary land use ordinance

This past spring, Walton County Commissioners passed a law defining the rights of South Walton beach visitors and although the ruling has been done, the battle is not over.

"Right now, I don't really know what the bill says so it could be something that could be a detriment to Walton County and our customary use," District 2 Walton County Commissioner Cecilia Jones said. "If we lose our right for the public to be on the beach that would affect us economically, very much so. We want to just be aware and be proactive in trying to lobby for the right legislation to come forth."

Wednesday, Walton County Commissioners say they will make their way over to the state capital as the topic comes up for debate at the 2018 legislative session.

"I'm all about local control," Jones added.

If the proposed bill passes, it could void Walton county's customary land use ordinance.

www.wjhg.com/content/news/Proposed-bill-could-potentially-void-Walton-Countys-customary-land-use-ordinance-468524403.html

Obviously the state is concerned at what's occurred in Walton County. The infamous FL SC case that is used for customary use was in Volusia county, but as most reading know - the case said it had to be applied on a per property basis. Obviously Walton county ignored that part of the ruling (and other issues) and so this bill is going to take away the power of local municipalities to misuse customary use doctrine.

Is there a way to find out when the bill will be debated - and get private beachfront property owners to go to the state capital to counter the Commissioners trip over there? They could present a one-sided case.

Is there a way to find out when the bill will be debated - and get private beachfront property owners to go to the state capital to counter the Commissioners trip over there? They could present a one-sided case.

Danielle Ellis (WJHG) did the story..she is on Facebook or you could try calling the station. She also attends the BCC meetings in Walton County and you could catch up with her at a meeting. You might also want to try the public information officer for the county (good luck there).

I also looked for a date for this bill to be heard or even the bill number which you could actually look up online...surprised (sorta) the reporter didn't mention it.

I often feel the lack of information being given to the public is by design.

The bill may invalidate Walton’s customary use ordinance but it does not prevent Walton from claiming public customary use of private property in a court of law with due process and rebuttal evidence to Walton’s claim in front of a judge trained in the law.

The bill is NOT about IF customary use is determined but HOW custom is determined. Determined by which branch of government? By a biased, political, "unqualified" local legislative officials with an agenda or an apolitical (relatively) judiciary with the rule of law and due-process and a judge who is trained in the law?
Commissioners are "unqualified" because it is clear they don’t understand customary use law; and what do you expect their $425/hr attorney to advise commissioners, that he should not litigate a million dollar case?

Commissioner Jones publicly states she doesn’t know what the bill says!? So how does she know if she is against the bill and to send Tony Anderson to speak against it? Walton pays their land use attorney, David Theriaque, $425 hour to help her understand. Both Theriaque and Tony Anderson lobbied at the Senate Judiciary committee in Tallahassee 1/10/2018 against the bill. The committee approved the bill to go forward in the Senate by a vote of 7 to 3.

It was very clear Commissioner Tony Anderson has NO clue what the common law of customary use is or what this bill is about. But he is not up for election this year either.

Now, a county can just hold a workshop or two, hire an attorney and “experts” to hear what they want to hear, NO due process, and pass a customary use ordinance. The burden unreasonably shifts to the property owner to prove in court the Commissioners didn’t know what they were doing and violated the owner’s Constitutional rights - again. Instead of the Commissioners having the burden to prove the historical elements of custom, "[c]ustomary public rights require a showing that the use of land is (1) ancient, (2) reasonable and peaceful, (3) exercised without interruption, (4) of certain boundaries, (5) obligatory or compulsory, (6) not inconsistent with other customs or law, and (7) by a multitudinous number of persons." are superior to private property rights. Customary use is not a popularity vote it is a rule of law that a court decides; not elected commissioners.

I always hear customary use supporters, Commissioners, and candidates say that the County’s economy is dependent on access to private beachfront property. So is my income of my beachfront property that I pay taxes on. Local economics and taking value from the private property owner's land to give the right of private enjoyment to anyone who happens on their property is not an element of customary use. I depend on the income of my private beachfront property that I pay taxes on too. I have to rent my beachfront to pay the 5 figure Walton property taxe$. Customary use adversely burdens private property owners that rent their beachfront property to guests who wish to vacation on private beachfront away from public beaches and are willing to pay a premium for it. Because Walton commissioners have failed to manage growth in south Walton and supply exceeds demand! To say property owners should have known that the legal doctrine of custom applied when owners paid a premium for private beachfront for their enjoyment, like the property owner north of 30A or Scenic Hwy, is disingenuous at best.

Local economics and taking value from the private property owner's land to give the right of private enjoyment to anyone who happens on their property is not an element of customary use.

Following this topic closely. I appreciate the clarity of thought in your statement. I happen to completely agree with you.

The bill may invalidate Walton’s customary use ordinance but it does not prevent Walton from claiming public customary use of private property in a court of law with due process and rebuttal evidence to Walton’s claim in front of a judge trained in the law.

The bill is NOT about IF customary use is determined but HOW custom is determined. Determined by which branch of government? By a biased, political, "unqualified" local legislative officials with an agenda or an apolitical (relatively) judiciary with the rule of law and due-process and a judge who is trained in the law?
Commissioners are "unqualified" because it is clear they don’t understand customary use law; and what do you expect their $425/hr attorney to advise commissioners, that he should not litigate a million dollar case?

Commissioner Jones publicly states she doesn’t know what the bill says!? So how does she know if she is against the bill and to send Tony Anderson to speak against it? Walton pays their land use attorney, David Theriaque, $425 hour to help her understand. Both Theriaque and Tony Anderson lobbied at the Senate Judiciary committee in Tallahassee 1/10/2018 against the bill. The committee approved the bill to go forward in the Senate by a vote of 7 to 3.

It was very clear Commissioner Tony Anderson has NO clue what the common law of customary use is or what this bill is about. But he is not up for election this year either.

Now, a county can just hold a workshop or two, hire an attorney and “experts” to hear what they want to hear, NO due process, and pass a customary use ordinance. The burden unreasonably shifts to the property owner to prove in court the Commissioners didn’t know what they were doing and violated the owner’s Constitutional rights - again. Instead of the Commissioners having the burden to prove the historical elements of custom, "[c]ustomary public rights require a showing that the use of land is (1) ancient, (2) reasonable and peaceful, (3) exercised without interruption, (4) of certain boundaries, (5) obligatory or compulsory, (6) not inconsistent with other customs or law, and (7) by a multitudinous number of persons." are superior to private property rights. Customary use is not a popularity vote it is a rule of law that a court decides; not elected commissioners.

I always hear customary use supporters, Commissioners, and candidates say that the County’s economy is dependent on access to private beachfront property. So is my income of my beachfront property that I pay taxes on. Local economics and taking value from the private property owner's land to give the right of private enjoyment to anyone who happens on their property is not an element of customary use. I depend on the income of my private beachfront property that I pay taxes on too. I have to rent my beachfront to pay the 5 figure Walton property taxe$. Customary use adversely burdens private property owners that rent their beachfront property to guests who wish to vacation on private beachfront away from public beaches and are willing to pay a premium for it. Because Walton commissioners have failed to manage growth in south Walton and supply exceeds demand! To say property owners should have known that the legal doctrine of custom applied when owners paid a premium for private beachfront for their enjoyment, like the property owner north of 30A or Scenic Hwy, is disingenuous at best.

So in your opinion your personal economy out weights Walton County's economy....got it.

Granted Walton County was way behind the ball on buying gulf front property for public use but in their defense the county didn't have money until tourism boomed and by then the real estate market was so high that they couldn't afford it.

Im very curious to know how long you have owned your gulf front property. My guess is less than 3-5 years.

If the county had not thrown away millions of dollars on frivolous lawsuits they could not win, they would have had all kinds of money.

The poor pitiful county is a victim of their own stupidity!

So in your opinion your personal economy out weights Walton County's economy....got it.

Granted Walton County was way behind the ball on buying gulf front property for public use but in their defense the county didn't have money until tourism boomed and by then the real estate market was so high that they couldn't afford it.

Im very curious to know how long you have owned your gulf front property. My guess is less than 3-5 years.

Judging from your comments and musings above, I'm not at all curious about how long you've had your rectal carcinoma under your direct vision.

When you don’t have the money, theft is not the answer.

So in your opinion your personal economy out weights Walton County's economy....got it.

Granted Walton County was way behind the ball on buying gulf front property for public use but in their defense the county didn't have money until tourism boomed and by then the real estate market was so high that they couldn't afford it.

Im very curious to know how long you have owned your gulf front property. My guess is less than 3-5 years.

“So in your opinion your personal economy out weights Walton County's economy....got it.” Wow, did you really say that? Yes, my private property rights of personal enjoyment and financial investment protected by the rule of law under the Constitution absolutely outweighs your and any Walton BCC economic claim to my personal property that I pay Walton BCC five figures in taxes annually on.

Your “economy” or financial security do NOT outweigh Walton’s economic interests?

I recently heard Tony Anderson state; "... we only have tourism..." because the BCC over the decades have failed to encourage economic growth in the north and have failed to mange growth in the south. Burdening the private property owner and taking value from property owners (many who have to rent to pay property taxes) is not a solution and against the Constitution. Walton has been a county since 1824 and BCC are only now claiming customary use of private property that has been private since 1824?

That Walton BCC could not “afford” to pay fair value for beachfront; has NOTHING to do with claiming public customary use on private property. I guess taxpayers can now afford BCC litigation. Walton Commissioner Chair Sara Comander, Oct 25, 2016 stated on customary use ordinance “...if it took spending 40 MILLION to 50 MILLION in tax payer’s money - if we [commissioners] have to, then we have to!” Wonder how much beachfront or more importantly needed infrastructure improvements Walton could get for that? Board of County Commissioners on 2016-10-25 9:00 AM - Regular Meeting - Oct 25th, 2016

You are not a very good guesser. Our family has been here since the 70s, bought our private beachfront with title to the MHWL in the 80s. Many owners have, just like the Goodwins did, who have the courage to standup to the BCC in court.

I’ve heard Tony Anderson say; This [customary use] became an issue recently ...
False. Customary use as been litigated and an issue in Walton long before now. Ask Walton’s $425/hr land use attorney, Mr. Theriaque, about Meyer v. Apollo and Destin's 2002 veiled attempt to declare customary use. 2003 Walton Beach ordinance, customary use was considered and rejected by commissioners. 2007 Walton commissioners directed County Attorney to draft a customary use ordinance and failed to enact it.

Only now that public demand for the beach has exceeded supply, maybe Walton BCC/TDC should stop marketing, and public beach goers don't respect private (or public) beaches, Walton code enforcement don't enforce, ... beach owners are not going to take the public beach goer abuse of their private property anymore and protect their Constitutional property rights and investments from BCC failure to lead.

“So in your opinion your personal economy out weights Walton County's economy....got it.” Wow, did you really say that? Yes, my private property rights of personal enjoyment and financial investment protected by the rule of law under the Constitution absolutely outweighs your and any Walton BCC economic claim to my personal property that I pay Walton BCC five figures in taxes annually on.

Your “economy” or financial security do NOT outweigh Walton’s economic interests?

I recently heard Tony Anderson state; "... we only have tourism..." because the BCC over the decades have failed to encourage economic growth in the north and have failed to mange growth in the south. Burdening the private property owner and taking value from property owners (many who have to rent to pay property taxes) is not a solution and against the Constitution. Walton has been a county since 1824 and BCC are only now claiming customary use of private property that has been private since 1824?

That Walton BCC could not “afford” to pay fair value for beachfront; has NOTHING to do with claiming public customary use on private property. I guess taxpayers can now afford BCC litigation. Walton Commissioner Chair Sara Comander, Oct 25, 2016 stated on customary use ordinance “...if it took spending 40 MILLION to 50 MILLION in tax payer’s money - if we [commissioners] have to, then we have to!” Wonder how much beachfront or more importantly needed infrastructure improvements Walton could get for that? Board of County Commissioners on 2016-10-25 9:00 AM - Regular Meeting - Oct 25th, 2016

You are not a very good guesser. Our family has been here since the 70s, bought our private beachfront with title to the MHWL in the 80s. Many owners have, just like the Goodwins did, who have the courage to standup to the BCC in court.

I’ve heard Tony Anderson say; This [customary use] became an issue recently ...
False. Customary use as been litigated and an issue in Walton long before now. Ask Walton’s $425/hr land use attorney, Mr. Theriaque, about Meyer v. Apollo and Destin's 2002 veiled attempt to declare customary use. 2003 Walton Beach ordinance, customary use was considered and rejected by commissioners. 2007 Walton commissioners directed County Attorney to draft a customary use ordinance and failed to enact it.

Only now that public demand for the beach has exceeded supply, maybe Walton BCC/TDC should stop marketing, and public beach goers don't respect private (or public) beaches, Walton code enforcement don't enforce, ... beach owners are not going to take the public beach goer abuse of their private property anymore and protect their Constitutional property rights and investments from BCC failure to lead.

Your first mention of customary use in Walton was 2003 (15 years ago) which in my opinion is fairly recent. That was shortly after Walton county started getting a lot more tourism hence why it became an issue. Sorry but Mr. Anderson wasn't far off.

I agree that the BCC has failed for many many years on developing any other industry down here besides tourism but unfortunately that is where we are.

I don't own gulf front property so I am not going to act like I know what you are feeling but I can certainly sympathize with you and your issue. Im just worried that without an adequate amount of beach for anybody who doesn't own/rent gulf front property the tourism will tank. Tanking tourism means less shopping, restaurants, and entertainment. With fewer options even gulf front tourist will find a different place to vacation. That will start hurting your pocketbook.

Your first mention of customary use in Walton was 2003 (15 years ago) which in my opinion is fairly recent. That was shortly after Walton county started getting a lot more tourism hence why it became an issue. Sorry but Mr. Anderson wasn't far off.

I agree that the BCC has failed for many many years on developing any other industry down here besides tourism but unfortunately that is where we are.

I don't own gulf front property so I am not going to act like I know what you are feeling but I can certainly sympathize with you and your issue. Im just worried that without an adequate amount of beach for anybody who doesn't own/rent gulf front property the tourism will tank. Tanking tourism means less shopping, restaurants, and entertainment. With fewer options even gulf front tourist will find a different place to vacation. That will start hurting your pocketbook.

Nice to see someone take the emotion, sarcasm, criticism, and other negative leaning comments and use some empathy and express genuine concerns. Don't get much of that on this topic. Thanks.

WYLTK, it was clear when I heard Commissioner Anderson speak, that he was trying to justify Walton’s “recent” need for a county ordinance declaring public customary use of private property. I doubt Tony Anderson had never heard of or was aware of these 15 year old Walton legal and legislative customary use attempts or was referring to them. Those are just the ones I remember, could find from the online paper archives I searched and Walton BCC minutes.

Thank you for acknowledging beachfront owner’s perspective. Only judges and rule of law; not politically elected law makers can declare someone’s property rights are superior to another.

How did Walton County economy survive without the tourism between 1824 and about 2000 when the Redneck Riviera was discovered and demand for Walton beaches increased? How did Walton economy survive when 50 feet of beachfront to the mean high water line in the 1980s was $150,000? Where were the Commissioners managing this demand and economic growth since 2000? How many years has C. Jones, Comander, Chapman, Larry Jones (Meadows and Imfeld too) been commissioners since 2000? Now that the private property owners have had enough and are asserting their rights the Commissioners solution is to declare an obscure, very limited, common law doctrine of custom to circumvent the Fifth Amendment of the Constitution so they can get something of value for relatively nothing. Relative to the 20 miles of private beachfront property value being claimed.

I’m not worried about the long term Walton economy or my pocket book should property owners prevail. If the demand (use of the beach) is great and the supply does not meet the demand then the tourist market will determine what they are willing to pay for its use. The free market will fill the demand. Did tourism demand decrease two years after the Deepwater Horizon oil spill? We should embrace the demand and become more upscale, the America Riviera, to fill the market demand and that would create more better-paying jobs. Now the Walton BCC have pissed off property owners have 20 miles of the supply; not the BCC/TDC, and they can’t just declare 75% of beachfront property that’s been private since 1824, public, even for limited "recreational" use. A judge can but not the BCC.

Again economic consideration is NOT an element of determining customary rights. On the contrary, historically (many hundreds of years), customary use of private property was for local persons that had used a property before the memory of man (and other elements) but regardless of the other elements the use could not be for profit (or take value from) the property owner.

Danielle Ellis (WJHG) did the story..she is on Facebook or you could try calling the station. She also attends the BCC meetings in Walton County and you could catch up with her at a meeting. You might also want to try the public information officer for the county (good luck there).

I also looked for a date for this bill to be heard or even the bill number which you could actually look up online...surprised (sorta) the reporter didn't mention it.

I often feel the lack of information being given to the public is by design.

HB631

House Bill 631 (2018) - The Florida Senate

Your first mention of customary use in Walton was 2003 (15 years ago) which in my opinion is fairly recent. That was shortly after Walton county started getting a lot more tourism hence why it became an issue. Sorry but Mr. Anderson wasn't far off.

I agree that the BCC has failed for many many years on developing any other industry down here besides tourism but unfortunately that is where we are.

I don't own gulf front property so I am not going to act like I know what you are feeling but I can certainly sympathize with you and your issue. Im just worried that without an adequate amount of beach for anybody who doesn't own/rent gulf front property the tourism will tank. Tanking tourism means less shopping, restaurants, and entertainment. With fewer options even gulf front tourist will find a different place to vacation. That will start hurting your pocketbook.

So let me just understand your position. Buyer A purchases a $3MM beachfront lot - she thinks it is her private property (because it is). Customary use comes along. Buyers B,C,D,E,F pays $50K for their lots which are not on the beach but advertised as having beach access to Buyer A's private property - and due to customary use now uses Buyer A's property as their own beach area. Buyer's B,C,D,E,F are not paying the property taxes that Buyer A is paying - in fact Buyer's B-F aren't paying any beach front property taxes at all. They get to use the private property and pay nothing for it nor do they maintain it as it's not their property.

Second case. 40 years ago - subdivision #1 was created and the developer deeded the beach to the homes in the subdivision so it's a private beach for 100 homes. Fast forward - customary use. 100 buyers of a new neighborhood #2 who are not on the beach or anywhere near it, declare that #1 subdivisions beach is now their neighborhood's beach too. In fact #3 neighborhood gets developed too and wants to use #1's beach as well.

Yet, subdivision #2,#3 didn't pay a dime for a private beach, like subdivision #1 did. They get to use it - but didn't pay for it, nor do they maintain it - after all it's not their property. They just use it. And BTW - they bring their beach vendors on subdivision #1's beach and set up their own reserved area. Hmm.

I may be reaching here - but this seems just a little bit unfair.

HB631

House Bill 631 (2018) - The Florida Senate

What about the Senate Bill 804?

This is the latest information on Bill 631

Not that it matters but here is a history lesson. The beach hasn't been private since 1824. Reason #1 is that most of our beaches were in Washington County until 1913 or so.
Reason #2 is that the original reason for deeds being worded "to the MHWL" was so that nobody could bring in a load of fill dirt and build between those on the bluff and the gulf. This was before the CCL. The concept of "private beach" did not enter into the equation. Unfortunately, that is how most people construe it, and once you put the language in - and people pay a premium to have the unintended consequence of a private beach - you can't take it back out.

Not that it matters but here is a history lesson. The beach hasn't been private since 1824. Reason #1 is that most of our beaches were in Washington County until 1913 or so.
Reason #2 is that the original reason for deeds being worded "to the MHWL" was so that nobody could bring in a load of fill dirt and build between those on the bluff and the gulf. This was before the CCL. The concept of "private beach" did not enter into the equation. Unfortunately, that is how most people construe it, and once you put the language in - and people pay a premium to have the unintended consequence of a private beach - you can't take it back out.

Never heard this history lesson before. Some old deeds read to the Gulf of Mexico. So your presumption is that the deed didn't actually mean that the entity named on the deed owned the land defined therein?

Not that it matters but here is a history lesson. The beach hasn't been private since 1824. Reason #1 is that most of our beaches were in Washington County until 1913 or so.
Reason #2 is that the original reason for deeds being worded "to the MHWL" was so that nobody could bring in a load of fill dirt and build between those on the bluff and the gulf. This was before the CCL. The concept of "private beach" did not enter into the equation. Unfortunately, that is how most people construe it, and once you put the language in - and people pay a premium to have the unintended consequence of a private beach - you can't take it back out.

What specifically are you talking about? Beach hasn't been private since 1824? What in the world does this even mean? If you are talking about rights of fishing and navigation that has little to do with what's being discussed here with customary use doctrine.

There have clearly been private beaches in Walton county and many other places in Florida up to this current day. What does what county the beach property was in have ANYTHING to do with a beach being private or not? It's all about the deed.

MHWL is a LEGAL description of a boundary. MHWL is a vertical datum of the coastal boundary. Just like a river boundary. There is no *reason* to use that language in a deed other than to describe the boundary for describing ownership. There is no other boundary that is acceptable as it would cross over the coastal boundary.

The seabed is incapable of private ownership (English Law - Lord Hale) established and first reported case in 1662 - Bulstrode vs. Hall . Florida follows the English rule, as does Alabama and others. The NOS started charting coastal boundaries almost 100 years ago. It has nothing to do with any "rational" of filling dirt as you suggest.

This is the Senate bill language on customary use:
Section 10. Section 704.09, Florida Statutes, is created to read: 704.09 Judicial determination; customary use.—A common law claim of customary use for the public use of private property must apply to a particular parcel and must be determined by the court.

The House bill 631 passed the House 92 to 14 and has been received by the FL Senate. The Senate bill 804 status: Referred to Judiciary; Community Affairs; Rules.
Favorable in Judiciary: 7 to 3
Favorable in Community Affairs: 5 to 1
Now in Rules ...

FEARMONGERING AT ITS BEST OR WORST DEPENDING ON YOUR PERSPECTIVE. CUSTOMARY USE IS IN THE FOREFRONT AGAIN. DON'T LET IT TEAR THE CITIZENS OF THIS COUNTY APART! CALL OR WRITE YOUR REPRESENTATIVES IN CONGRESS IF YOU WANT, BUT REMEMBER WE ARE ALL NEIGHBORS.

FACT: Walton County allowed sales of the beach along with buildable parcels. There are DEEDS. Hindsight being 20/20, maybe they wouldn't do it again, but it happened. Is it still happening? Good question. I don't know. Please quit saying that people who have deeds that show otherwise, do not own the beach. They do. Don't like it? That's ok, but doesn't change the legal ownership.
FACT: If Customary Use is revoked, it isn't the end of the world. People can still access and use the beach. There are regional accesses, neighborhood accesses, and miles of public beach at our parks. Stop saying that no one will be able to access or enjoy the beach if customary use is rescinded. That simply isn't true.
FACT: FL statute guarantees the public the right to traverse the beach along the foreshore/wet sand area. That isn't new and it hasn't changed with customary use.
FACT: We didn't have a Customary Use Ordinance governing use of the dry sand beaches in Walton County until roughly a year and a half ago. Sure there was some animosity on BOTH SIDES, but many beachfront owners have NO PROBLEM with respectful people traversing, fishing, sitting on the beach, sunbathing, swimming, building sandcastles....(sound familiar? These items are in the customary use ordinance). Ostracizing, belittling, demeaning, and calling beachfront owners names is NOT helpful and further divides our County's citizens. Try getting to know some of them. You might be surprised to find that they are very much like you.

Something else to consider: Try leaving your tents and excessive baggage/toys at home. My mom had a rule. Each person carried their own stuff. If it was too much to carry in and out by myself in one trip in and one trip out, I didn't need it. Worked like a charm! Spread out, especially if you are near neighborhood accesses. Everybody doesn't need to be on one or two lots on either side of an access. Come to enjoy the beach and the water. When you leave, take all your stuff with you. Don't bring your pets during the daytime prohibited beach hours. Don't use tobacco of any kind on the beach. Clean up EVERYTHING in your area before you leave. Yes, that means litter, but it also means to fill in holes, and knock down creations that present trip hazards and interfere with our turtles during turtle season. IF you bring you dog to the beach during allowed hours, you need a permit from Walton County and you are required to keep your dog on leash. Pick up your dog's waste. Walk the dog along the foreshore (not on the dry sand and not in the dues) so that any remnants of urine or waste have a prayer of being washed away/rinsed at high tide. Stay out of the dunes. Kids love sand and they love little hills, but our dunes are protected and invaluable to both wildlife and storm protection. If you want to play football or volleyball or throw frisbees, etc., find a wide open area away from people and the dunes. It isn't relaxing to others when they have to be constantly mindful of getting hit in the head.

Below are some excerpts posted on social media. The names are left off. Not trying to throw anyone under the bus, but these types of posts are incendiary at best and, in a number of cases, inaccurate as well. Do not judge beachfront owners (or tourists/visitors or inland residents) on the words or the actions of a few. Oh, and quit believing everything you read on social media. Try a new tactic. Ask questions instead of making accusations or assumptions. If you sincerely want an answer, maybe try a private message first. Many people will not participate in controversial discussions because of the personal attacks that routinely occur in social media.

Social media example posts follow:
---------------------------------
"This is the definition of selfishness. It smells to high heaven. It is Despicable. Call everyone you know this morning and tell them to call these numbers this morning And vote NO on HB 1173. Tell them that you support Customary use and reject any bill that would restrict it. BEACHFRONT HOMEOWNERS: “We will have our beaches back."
"Excuse me, but they were never yours to begin with. The beaches of South Walton County are for everyone. Let’s keep it that way please call these numbers."
---------------------------------
"Where is 360 Blue and all the property management companies? Do they as well as the county realize that the rental properties will deminish as people will NOT be able to go to the beach unless they are renting Gulf Front, or in specific areas of Rosemary and Seaside. The rest of the tourists will rent in neighboring counties. This impacts ALL businesses, the county bed tax revenue, the rental properties and the home owners who rent their properties. This is more than just locals going to the beach. I just spoke with my friend from Brevard County (largest water facing county in FL). She found it hard to believe that you can't go to the beach and enjoy it. So true. We need to go BACK to the beginning when the DOD owned the beach front property and CORRECT the deed's just as they were corrected in other counties in FL and around the US."
----------------------------------
END of example posts.

So, to conclude, customary use does not have to tear Walton County apart unless we let it. Give people the benefit of the doubt. Try putting yourself in others' shoes, whether you are an inland resident, a tourist/visitor, or a beachfront owner. Remember that residents, tourists/visitors, and beachfront owners are all concerned about losing something. Instead of attacking each other, let's work together to bring harmony to the beach. Sorry this is so long. Just couldn't keep reading all the negativity and say nothing.

Thank you for this post. I wish everyone felt this way.

What specifically are you talking about? Beach hasn't been private since 1824? What in the world does this even mean? If you are talking about rights of fishing and navigation that has little to do with what's being discussed here with customary use doctrine.

There have clearly been private beaches in Walton county and many other places in Florida up to this current day. What does what county the beach property was in have ANYTHING to do with a beach being private or not? It's all about the deed.

MHWL is a LEGAL description of a boundary. MHWL is a vertical datum of the coastal boundary. Just like a river boundary. There is no *reason* to use that language in a deed other than to describe the boundary for describing ownership. There is no other boundary that is acceptable as it would cross over the coastal boundary.

The seabed is incapable of private ownership (English Law - Lord Hale) established and first reported case in 1662 - Bulstrode vs. Hall . Florida follows the English rule, as does Alabama and others. The NOS started charting coastal boundaries almost 100 years ago. It has nothing to do with any "rational" of filling dirt as you suggest.

Apparently you were not related to, family friends of, or grew up around many of the original developers of this area...and the fill dirt issue happened to my aunt and uncle.

And yes...nobody used to care if you sat (or drove across, or rode horses, or fished) on "their" beach, or even used their walkovers to get to the beach. Kinder, gentler times when everyone pretty much knew everyone else. And then we were "discovered." The beach driving (except at Grayton) and the horses came to an end, and those are not necessarily bad things. However, sitting and fishing should not be activities that cause you to get run off from the shoreline. *sigh*

Apparently you were not related to, family friends of, or grew up around many of the original developers of this area...and the fill dirt issue happened to my aunt and uncle.

And my point was just because anecdotally there was an issue with fill dirt does not in anyway become "the reason" as you put it that MHWL was put in deeds. Walton county is a special place, but not so special that general rules of property ownership, due process, and coastal deeds do not apply.