Customary Use of SoWal Beaches: Contact Governor Scott

Please CALL or EMAIL Governor Scott's office!

(850) 488-7146
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As you are aware, the Walton County Board of County Commissioners passed and codified Customary Use in March of 2017.

Over the past few weeks, the Florida House and Senate have considered and passed legislation which will nullify Customary Use in Walton County. That legislation has now been sent to the governor's office for consideration and a signature making it law.

Many Walton Citizens will be pleased with the nullification of Customary Use. Other citizens may desire to call Governor Scott's office and voice their discontent and actively request that he veto the bill and allow Customary Use to continue in Walton County in order for all Citizens to have free use of the white sand as have the first people to inhabit this region of Florida, USA.

I thought you might want to know the current status of Customary Use in Walton County.

Laurie Reichenbach

If you understood the bill and status this bill does NOT determine customary use in Walton County. You would understand Walton BCC, Defendants, did not have due process for private property owners to rebut Walton BCC's, Plaintiff, declaration of customary use on private property. Walton BCC can still claim customary use on private property. This bill corrects and directs Counties, as Plaintiffs, to prove it in court first. Read the thread "Proposed bill could void Walton County's customary use ordinance" and you might understand the status of the bill better.

I and others will be calling and emailing the Governor as we have the Florida Legislators that understand the bill is intended to prevent local Government from using it's police power under the guise of home rule to usurp the rule of law and due process to take Constitutionally protected private property rights that owner's have had and have today.

I have no doubt Walton BCC will spend more Walton tax payer million$ but the BCC rightfully have the burden of proof as Plaintiff to prove it in court first. See you in court.

Then you can write your own letter. I am not debating with you. But I am writing and calling the governor on behalf of locals, visitors, friends, family and myself who have all always enjoyed access to our beaches. The beach belongs to everyone.

I don't know what specific beaches you have been using. You and your locals, visitors, friends and family haven't enjoyed access to our private beach - if you had been using it - I would have sent all of you a bill for a portion of the annual taxes we pay which includes our beach to MHLW. It's approx $300,000 per year for the beach, how would you like to pay for your share of county taxes for the our beach? Installments or annual payment? Let me know. I pay to use my beach and so should you to use my beach.

I don't know what specific beaches you have been using. You and your locals, visitors, friends and family haven't enjoyed access to our private beach - if you had been using it - I would have sent all of you a bill for a portion of the annual taxes we pay which includes our beach to MHLW. It's approx $300,000 per year for the beach, how would you like to pay for your share of county taxes for the our beach? Installments or annual payment? Let me know. I pay to use my beach and so should you to use my beach.

BTW - I'm greatly exaggerating to make a point. No need to flame me for being a greedy cold hearted property owner. But, I used to own several hundred acres of very prime deer hunting land in a very high tax state. I used to get hunters all the time approach me and ask to hunt on my property. I would immediate start off with my tax bill and how much I paid for the property, and ask them what portion of that would they like to pay? Not a single one took me up on it - in fact some would get offended and reiterate they didn't want to pay to use my land - just hunt. Not one.

I call BS on this Customary Use. It's a land grab plain and simple. If it wasn't then they would allow the property owner to reserve 50% of the area for his/her own use, and then the other 50% access to the public for very limited use - just like the public beaches and the beach vendors. The BCC retaliated against the private beach owners and took it all - and now the state is weighing in.

I hope the day never comes, but if those that claim title to beaches need tax dollars to repair/ renourish, I am sure you will bappily decline.

I don't know what specific beaches you have been using. You and your locals, visitors, friends and family haven't enjoyed access to our private beach - if you had been using it - I would have sent all of you a bill for a portion of the annual taxes we pay which includes our beach to MHLW. It's approx $300,000 per year for the beach, how would you like to pay for your share of county taxes for the our beach? Installments or annual payment? Let me know. I pay to use my beach and so should you to use my beach.

We HAVE helped pay for “your” beach property, every time a storm wipes out the sand and dunes that hold your home up. Or was that you out there on your bulldozer repairing the beach so your home didn’t sink? For me, that’s many hurricanes in the 50 years I’ve paid taxes to Walton County.

When Beach Re-Nourishment was being discussed, I know of 12 beach front owners that wanted to pay for their own re-nourishment and the County declined.

I hope the day never comes, but if those that claim title to beaches need tax dollars to repair/ renourish, I am sure you will happily decline.

Bob, you were around for the 2015 Walton BCC and Army Corps of Engineer (ACE) beach fortification fiasco. As I recall about 95% of beach front owners declined Walton’s 50 year easement and 3.8 million cubic yards of off-shore, less than white, shell ridden tax payer paid sand mostly because owners did not agree to an Erosion Control Line (ECL) that would separate their littoral property (by definition contacts the water) boundary from the Gulf waters making their property water view instead of water front that owners paid a premium for. Including me. The white quartz beaches have been here for tens of thousands of years, I’m told. Look at the Walton beach aerial photos from the 1940s and compare them to today. Not much difference where the shoreline is now. How many hurricanes has Walton experienced since the 1940s? I’ll take my chances with my money, land title, and the bundle of rights I have had and have today. If you, the public, or Walton BCC want it and I’m willing to sell it you’ll have to pay fair market value for it to use it. Or go to court as a Plaintiff with the burden of proof and prove it first BEFORE you can declare private property for customary public use.

And I hope you don’t quibble about government flood insurance giving the public rights to private property unless you are going to apply the same logic to the flood victims in middle America too. Besides most owners I know, including me, self insure their premises or purchase additional private flood insurance because the $250K property and $100K contents FEMA insurance is not sufficient.

Bob, you seem like an informed guy but you missed the mark with this comment. I and I think many other littoral beach front owners are willing to share our littoral property with those strolling on the beach, like we have in the past, but that does not mean we gave up the property rights we have had and have today. If the BCC want to take our property rights I am willing to fight and will not be so willing to share in the future. Would you if your property rights you pay taxes on were being taken by local government declaration? What if beach front property owners prevail in court? Then what is the BCC and public going to do? Declare martial law?

Beach front owners have made suggestions like Mike Huckabee’s 2016 “Beach Share”.
EDITORIAL: 'Beach Share' worth reviewing in South Walton
I did not see the Walton BCC even acknowledge Beach Share plan and Dave Rauschkolb dismissed it out of hand and has declared "This sand is your sand, this sand is my sand!!" In Oct 25, 2016 Commissioner Comander declared her willingness to spend $40,000,000 or $50,000,000 of Walton tax payer dollars if we have to. Which means to me the BCC just want to take all private beach for inept unconstitutional reasons and a quick fix for the BCC's failure to manage growth.
Board of County Commissioners on 2016-10-25 9:00 AM - Regular Meeting - Oct 25th, 2016

We HAVE helped pay for “your” beach property, every time a storm wipes out the sand and dunes that hold your home up. Or was that you out there on your bulldozer repairing the beach so your home didn’t sink? For me, that’s many hurricanes in the 50 years I’ve paid taxes to Walton County.

I have NEVER had a bulldozer on my property to "hold my home up." Does that mean I'm exempt from customary-take or your self entitlement to use my private property I pay more taxes on than you?

We HAVE helped pay for “your” beach property, every time a storm wipes out the sand and dunes that hold your home up. Or was that you out there on your bulldozer repairing the beach so your home didn’t sink? For me, that’s many hurricanes in the 50 years I’ve paid taxes to Walton County.

Actually you aren't correct. We have DECLINED any beach replenishment because that does trigger public use. And further you aren't the county, so no YOU have not paid for my beach property anymore than I paid for yours because the county put the road in that connects to your driveway suddenly makes me able to park in your driveway whenever I want.

I hope the day never comes, but if those that claim title to beaches need tax dollars to repair/ renourish, I am sure you will bappily decline.

As they should. If they don't then they do open themselves up to public use. It's just like having a private road - if the county repaves it then it becomes a public road.

This is not controvertible and no one is arguing this principle that I know of. Has nothing to do with customary use of private property.

When Beach Re-Nourishment was being discussed, I know of 12 beach front owners that wanted to pay for their own re-nourishment and the County declined.

There was a proposal made that beachfront owners would pay their share of re-nourishment if it would keep an ECL from being established on their property and the claim was that it couldn't be done that way. I know several people that had their own sand brought in to shore up their dunes and paid for out of their own pocket after Hurricane Dennis. Not sure where the idea came from that County taxes have been paying for re-nourishment anywhere except possibly on the west end (Miramar Beach area) back in 2006 timeframe.

I don't know what specific beaches you have been using. You and your locals, visitors, friends and family haven't enjoyed access to our private beach - if you had been using it - I would have sent all of you a bill for a portion of the annual taxes we pay which includes our beach to MHLW. It's approx $300,000 per year for the beach, how would you like to pay for your share of county taxes for the our beach? Installments or annual payment? Let me know. I pay to use my beach and so should you to use my beach.

Money can buy you a beach front house but it doesn’t look like it can make you a good person.

Actually you aren't correct. We have DECLINED any beach replenishment because that does trigger customary use. And further you aren't the county, so no YOU have not paid for my beach property anymore than I paid for yours because the county put the road in that connects to your driveway suddenly makes me able to park in your driveway whenever I want.

Money can buy you a beach front house but it doesn’t look like it can make you a good person.

I was of course exaggerating to make a point. But, are you suggesting that in order to be a good person I need to let unlimited public use my property and I have no right to ask for anything for it, but pay for it all? If so there will be a lot of bad people living in subdivisions and condos all over our nation. I'll make you a deal - you can come use my property anytime you like as long as I and my friends can come use your property anytime we like. That will make us both "good people" won't it?

I had no idea this was the standard of being a "good person"- to let the public use everything you own without question. Do you
recognize the right to property?

Please tell me how being a "good person" is related to the American Convention on Human Rights (2) below.

A right to property is recognized in Article 17 of the Universal Declaration of Human Rights. The American Convention on Human Rights (ACHR) recognises the right to protection of property, including the right to "just compensation"

(1) Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.

(2) No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. (3) Usury and any other form of exploitation of man by man shall be prohibited by law.

The beach front properties should have never been recorded to the mean high tide line.

The beaches are for all to enjoy - see you in court - ENTITILED POMPASS BEACH FRONT OWNERS.

The beach front properties should have never been recorded to the mean high tide line.

The beaches are for all to enjoy - see you in court - ENTITILED POMPASS BEACH FRONT OWNERS.

If time could be turned back and deeds did not include the dry sand, things would be very different today. Seems that people who don't own or pay for the dry sand may be the ones acting entitled and pompass, but do you really think that calling names and demeaning people will improve the situation?

The beach front properties should have never been recorded to the mean high tide line.

The beaches are for all to enjoy - see you in court - ENTITILED POMPASS BEACH FRONT OWNERS.

If you can prove that in court, then who is to blame for that and who will compensate the "pompass entitled beach front owners"? You?

Saying "should have never" isn't a valid argument. According to whom? You? If anything they have since the days of the King, so that's pretty ancient isn't it? Owning to the MHWL has been ancient, uninterrupted, and without dispute. Aren't those the criteria you guys always use to say the property is yours?

If that's the case then why is the county BUYING private parcels? They "shouldn't have to" according to you.

Humm... I don't think you can argue to deny my right to own the property to the MHWL using the same criteria that you are using to promote your ownership of the same property.

I worked my ass off for every single bit of it thank you very much.

You and Dave Rauschkolb remind me of a Bernie Sanders joke: "Bernie Sanders walks into a bar and yells "Free drinks for everyone! ... who's buying?"

then why has this not been a problem for the last 50 years? because the beach front owners then were not entitled and pompous - and did not build big high houses that blocked everyones view.

they were just thankful to be here.

also - it wasn't until the beach front owners stated putting up fences and signs on the beach in and about 2012 that this battle started.

the county was REACTING to the beach front owners - not trying to take anything away from you.

also - it wasn't until the beach front owners stated putting up fences and signs on the beach in and about 2012 that this battle started.

the county was REACTING to the beach front owners - not trying to take anything away from you.

I keep hearing/reading about all these signs and fences? I've seen very few of those. Where were all of these signs and fences people keep talking about? A few is not a lot. If you are talking about signs at resort type places or condos, maybe it's because they don't have a lot of room left for people who aren't paying to stay there and the ones who are paying may be paying dearly for those beach spaces. Frankly, if someone doesn't want me on their property, I'd rather move than be confrontational about it. For every one person that wants NOBODY on their property, there seem to be a lot who are fine with respectful people on theirs.

also - it wasn't until the beach front owners stated putting up fences and signs on the beach in and about 2012 that this battle started.

the county was REACTING to the beach front owners - not trying to take anything away from you.

We need a county commission that is mature enough not to just react and honest enough to follow the letter of the law.

I heard the beachfront property owners made a secret deal with Governor Scott and he agreed with them and customary use is going down.

that is how it all works with you guys?

I heard the beachfront property owners made a secret deal with Governor Scott and he agreed with them and customary use is going down.

that is how it all works with you guys?

"customary use is going down." The lack of understanding still amazes me. The BCC can still claim the narrow common law doctrine of custom on the 20 miles of Walton private property. The BCC just has to prove it in court as the Plaintiff like the BCC should have done on the first place. How much has the BCC wasted on Theriaque's $425/hr legal advice to date?

"...secret deal..."? Innuendo and conspiracy theories? Sound paranoid. Gun toting beachfront owners? Fences every five feet?
How about we are a nation of laws, facts and evidence, the Constitution, of which private property rights are key, due process, where the Plaintiff (BCC) have the burden of proof not the private property owner.

Elements to prove custom do not include Walton's economics, a popularity vote, and Tona Rama did NOT apply to the whole state of Florida but to 225 sq ft of sand on Daytona Beach.

Walton BCC failed at due process with declaring customary rights for everyone in the United States but the property owner on the 20 miles of the private beachfront properties in Walton County and the State legislature and Governor (hopefully) had step in to ensure Walton and other counties don't do it again. Walton BCC Chapman, Comader, C. Jones, Anderson, I'm reserving judgment on Nipper, past BCC Meadows, Imfeld, and Larry Jones were and are inept managing Walton tax payer's hundreds of million$ of hard earned money annually and County growth that are the reasons we are in this mess. Where the BCC policy is "... so sue me ..." because it's not their money. Make BCC members individually contribute 10% each of any litigation costs and damages the BCC does not prevail in and you would get a whole different vote on private property rights.

Why is the 32,000+ feet of public beaches and 5,000+ acres in Greyton, Topsail, and Deer Lake parks with bathrooms, parking and camping (although no dogs, driving on the beaches, or alcohol) not good enough for the BCC and you?

Maybe this is another thread but why is Imfeld still employed by Walton County (after he voted for customary use and lost his BCC seat)? Good ol boy network?
What is the budget of the Walton County Economic Development Alliance (WCEDA)?
What has the WCEDA accomplished since Imfeld was hired? Or before, for that matter?
What is the Walton tax payer's real dollar WCEDA return on investment? Not some made up stat.
Why does Imfeld have Latin(?) on the WCEDA web site? Not sure many American companies do business in Walton County not in English.
Walton County EDA - Organizational Resources