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Support Customary Use - Your Input Needed

Beach Lover
13,546 views
It's really important to click the link and read this info if you SUPPORT CUSTOMARY USE!

For those of you wondering how YOU CAN HELP to defend our CUSTOMARY USE of our Beaches. HERE’S YOUR CHANCE!

Time is of the essence! Click on https://www.co.walton.fl.us/DocumentCenter/View/30767/Support-Customary-Use-Packet

You will find a personal affidavit form that you can download and fill out, along with an instruction sheet and an identification map for your convenience. All affidavits MUST BE NOTARIZED. There are 2 places that will collect them and notarize them FREE of CHARGE. In the South, you can drop them off at the South Walton Annex Planning Department offices. In the North, you can drop them off at the County Attorney’s Office, located at 161 East Sloss Avenue in DeFuniak Springs. Out-of towners can mail NOTARIZED affidavits to the County Attorney’s Office.

Photos can be emailed to BeachIssues@co.walton.fl.us or you can drop them off at the 2 locations specified above.

Help get the word out! Please SHARE on social media, email or give to your friends, family, neighbors, church groups, community groups today, etc.

We can do this and protect our beaches and beach use for generations to come!

Thanks,
Jacquee Markel

Replies

61
Teresa avatar
SoWal Guide
#27
Wow. That is a beautiful piece of writing. Thanks for sharing @Lake View Too
Lake View Too avatar
SoWal Insider
#28
You need to read what Joe Burton posted on Facebook this afternoon. He really nailed it.
Lake View Too avatar
SoWal Insider
#29
What the hey... I just copied and pasted it:
From Joe Burton;
I want to tell you a story. It is a story about a 12 year old boy who moved to Seagrove Beach in 1993 on to a little dirt road called Campbell St. from a grassy suburb outside San Antonio, Texas. That little boy was me. My parents and I pulled up stakes and moved to the beach with a hardly a plan other than to enjoy life to it’s fullest on the sandy shores of South Walton. I was hardly a willing participant. I didn’t like the feel of the sand, nor the sting of the salt water in my eyes, or the blistering heat of the summer sun. But over time, I came to love it. I wandered all over the beach freely. I built sand castles, learned to fish from the water’s edge, and even learned to surf. The beach was a place to enjoy freely, with very little cares. I shared the beach with thousands of people over the years, without a second thought about who “owned the beach.” For the past 25 years, my beach access was at the end of the road across an easement between two condominiums. It is currently maintained by the county as a public access.

On August 30, 2018, on my evening walk with my dog, I encountered a no trespassing sign immediately at the base of the stairs. The beach I have enjoyed for 25 years is no longer one my gulf front neighbors wish to share. The ironic thing about it is that the sandy shoreline in front of both buildings at the base of my access belonged to no one until 2015, when the condos obtained it through a process called “suing for quiet title” They paid no taxes on this property, and still do not today as the property appraiser says it has no value since it is unbuildable. They also paid nothing for the sandy portion of this beach but now want to exclude me and my neighbors from enjoying as we have freely for decades. For hundreds of yards in either direction the sandy portion of the beach is deemed “private”. As I walk my dog along the shores I grew up on, I am now a criminal. My 70 year old mother, who as I am writing this cannot stop crying, wished to spend her remaining years going to the beach she loves and taking an occasional swim, is also a criminal too.

To those Gulf front owners who wish to exclude others from the sand in front of their properties, I implore you to think about what you are doing to your neighbors and your community. Think about what you are doing to the workers who serve your food, clean your pools, and take care of you when you are sick. Think about those tourists who are sitting on our shores and taking long walks along the beach for the first time just as you had at one time. You are doing damage beyond repair to their lives. Look them in the eye next time you are out. They are just like you. They were brought to the beach by an unseen force. To recreate, to heal, to connect. I think if you will look into the hearts of those you are hurting, you will see that your issue is not with us, or them. You are the most fortunate among us. Through life’s trials and tribulations, you have obtained the ultimate prize, a front row seat to one of God’s greatest shows. Please use your fortune for good, and realize that we are all essentially the same. It’s time to stop the needless suffering, and if you act now and take down these signs, we can begin to live again as one people on the shores of South Walton. Use your good fortune to build a longer table, not a higher fence. And remember, “If you are lucky enough to live at the beach, you are lucky enough.”

Thank you,

Joe Burton

boomerang avatar
Beach Lover
#30
I totally agree with you

You can look Mr Huckabee and Governor Scott and House Speaker Richard Corcoran in the eye when you deliver this.

They are the primary characters responsible for this mess - and all of OUR representatives in the state legislature who voted yes.

I do not believe we can win in court due to the strict items we have to prove - including EACH PARCEL and "without dispute".

We need to get a petition to repeal bill no 631.
Beach Comber
#31
Obtaining a quiet title for a parcel of real estate is a long standing procedure established by the Florida legislature many many, years ago.
Lake View Too avatar
SoWal Insider
#32
Getting quiet title on accesses of record are suppose to come before the BCC for approval, from my understanding. According to the county attorney, no accesses have been abandoned since she came into the office. But recent actions by Code Enforcement are in direct contradiction to that. Who are you going to believe?
Beach Comber
#33
Generally speaking one can quiet claims against a parcel of real estate by filing a form in state court and placing a public notice in the newspaper. A judge then adjudicates the plaintiffs claim to sole title to the parcel and if upheld in court such ownership is filed with the county. Quiet does not apply to the process being executed in private but refers to quieting any claims to one's title.
Ohio Girl avatar
Beach Lover
#34
So let's start charging real estate taxes on the beaches that are privately owned.
Lake View Too avatar
SoWal Insider
#35
Generally speaking one can quiet claims against a parcel of real estate by filing a form in state court and placing a public notice in the newspaper. A judge then adjudicates the plaintiffs claim to sole title to the parcel and if upheld in court such ownership is filed with the county. Quiet does not apply to the process being executed in private but refers to quieting any claims to one's title.
Doesn’t the county have to abandon it’s rights to a right of way if the parcel you are trying to get quiet title to is an access of record?
jodiFL avatar
Beach Fanatic
#36
Generally speaking one can quiet claims against a parcel of real estate by filing a form in state court and placing a public notice in the newspaper. A judge then adjudicates the plaintiffs claim to sole title to the parcel and if upheld in court such ownership is filed with the county. Quiet does not apply to the process being executed in private but refers to quieting any claims to one's title.
Really? Is that all it takes? Because I kinda like this parcel behind my house and no one has done anything to it for the 30 years I have lived here. Maybe Walton county will just give it to me like they have with our beach accesses.
beachma avatar
Beach Lover
#37
I mailed my Affidavit today along with 8 pages of photographs from the past 27 years of vacations in SOWAL. While we aren't residents, we have adopted the area as our home away from home and have continued to love it through all of the changes...(even though we have hated many of them, destruction of Seagrove Villas for one). Our vacation this past August was the straw that has broken the camel's back. The unfortunate consequence of the declarations of private property on the beaches being greedy beach chair vendors that occupy the entire wet sand line from one end of the beach to the other has been the deciding factor to move on. Between the wall of wooden chairs and umbrella's and ugly signs, the beaches we love have been taken away from the majority of residents and visitors. It's an appalling development that I hope is reversed by those who are working hard to save the amazing beaches of SOWAL. I will be watching the forum and will be hoping and praying for a positive outcome.
Tim Uzar avatar
Beach Comber
#38
What the hey... I just copied and pasted it:
From Joe Burton;
I want to tell you a story. It is a story about a 12 year old boy who moved to Seagrove Beach in 1993 on to a little dirt road called Campbell St. from a grassy suburb outside San Antonio, Texas. That little boy was me. My parents and I pulled up stakes and moved to the beach with a hardly a plan other than to enjoy life to it’s fullest on the sandy shores of South Walton. I was hardly a willing participant. I didn’t like the feel of the sand, nor the sting of the salt water in my eyes, or the blistering heat of the summer sun. But over time, I came to love it. I wandered all over the beach freely. I built sand castles, learned to fish from the water’s edge, and even learned to surf. The beach was a place to enjoy freely, with very little cares. I shared the beach with thousands of people over the years, without a second thought about who “owned the beach.” For the past 25 years, my beach access was at the end of the road across an easement between two condominiums. It is currently maintained by the county as a public access.

On August 30, 2018, on my evening walk with my dog, I encountered a no trespassing sign immediately at the base of the stairs. The beach I have enjoyed for 25 years is no longer one my gulf front neighbors wish to share. The ironic thing about it is that the sandy shoreline in front of both buildings at the base of my access belonged to no one until 2015, when the condos obtained it through a process called “suing for quiet title” They paid no taxes on this property, and still do not today as the property appraiser says it has no value since it is unbuildable. They also paid nothing for the sandy portion of this beach but now want to exclude me and my neighbors from enjoying as we have freely for decades. For hundreds of yards in either direction the sandy portion of the beach is deemed “private”. As I walk my dog along the shores I grew up on, I am now a criminal. My 70 year old mother, who as I am writing this cannot stop crying, wished to spend her remaining years going to the beach she loves and taking an occasional swim, is also a criminal too.

To those Gulf front owners who wish to exclude others from the sand in front of their properties, I implore you to think about what you are doing to your neighbors and your community. Think about what you are doing to the workers who serve your food, clean your pools, and take care of you when you are sick. Think about those tourists who are sitting on our shores and taking long walks along the beach for the first time just as you had at one time. You are doing damage beyond repair to their lives. Look them in the eye next time you are out. They are just like you. They were brought to the beach by an unseen force. To recreate, to heal, to connect. I think if you will look into the hearts of those you are hurting, you will see that your issue is not with us, or them. You are the most fortunate among us. Through life’s trials and tribulations, you have obtained the ultimate prize, a front row seat to one of God’s greatest shows. Please use your fortune for good, and realize that we are all essentially the same. It’s time to stop the needless suffering, and if you act now and take down these signs, we can begin to live again as one people on the shores of South Walton. Use your good fortune to build a longer table, not a higher fence. And remember, “If you are lucky enough to live at the beach, you are lucky enough.”

Thank you,

Joe Burton

That’s heartfelt. The owners do not WANT to post signage on their land. 99% of of don’t. Most owners could care less about people doing what you speak of. The issue arises when hoodlums trash your backyard or fill your beach with their “spread” or even fight on the beach in your backyard.

In the past we as beachfront owners could not ask people to move or cease their shindig because the property wasn’t “posted” according to the Sherrif. If you don’t like the signs get in line.
bob bob avatar
Beach Fanatic
#39
That’s heartfelt. The owners do not WANT to post signage on their land. 99% of of don’t. Most owners could care less about people doing what you speak of. The issue arises when hoodlums trash your backyard or fill your beach with their “spread” or even fight on the beach in your backyard.

In the past we as beachfront owners could not ask people to move or cease their shindig because the property wasn’t “posted” according to the Sherrif. If you don’t like the signs get in line.
Empty argument. You don't move in next to a beach and not expect people to use it. If you don't have quiet enjoyment of your property then call the law like the rest of us do.
Lake View Too avatar
SoWal Insider
#40
That’s heartfelt. The owners do not WANT to post signage on their land. 99% of of don’t. Most owners could care less about people doing what you speak of. The issue arises when hoodlums trash your backyard or fill your beach with their “spread” or even fight on the beach in your backyard.

In the past we as beachfront owners could not ask people to move or cease their shindig because the property wasn’t “posted” according to the Sherrif. If you don’t like the signs get in line.
Do you live here full time, or do you live somewhere else and rent it out? This seems relevant because if you lived here, you could develope a relationship with the Sheriff’s Department and they could help you with these problems. If you are an absentee owner just raking in the big rental money, it might be hard to cast yourself as a poor victim here. Yeah, you can’t get your renters to run off the riff-raff.
Tim Uzar avatar
Beach Comber
#41
Your obsession with my place of residence amuses me. However you are still wrong. The sherif operates on laws (the things you are trying to subvert) not relationships. The laws are what I mentioned to you about the signage that disgusts so many. I didn’t make it up. It is real, it has happened. I’m just trying to share another perspective.

I’ve been here a long time for those that are so curious.
Jim Tucker avatar
Beach Fanatic
#42
Your obsession with my place of residence amuses me. However you are still wrong. The sherif operates on laws (the things you are trying to subvert) not relationships. The laws are what I mentioned to you about the signage that disgusts so many. I didn’t make it up. It is real, it has happened. I’m just trying to share another perspective.

I’ve been here a long time for those that are so curious.
Your place of residence is central to the issue.
Tim Uzar avatar
Beach Comber
#43
Your place of residence is central to the issue.
Hardly, Jim Tucker. People are allowed to share their opinions of the subject matter regardless of location, Or are they????? Does the mob want to silence those that are not with their agenda? Let’s not forget you guys are the ones soliciting people far and wide to sign an affidavit. Regardless of where they live you don’t care as long as they meet your criteria. This argument will always be easy for me to win because I’m on the right side of the law and it has already been proven once.
Lake View Too avatar
SoWal Insider
#44
I agree with Jim Tucker. And the fact that you want to hide the details of your residence speaks a lot to your commitment to this community.
Tim Uzar avatar
Beach Comber
#45
I agree with Jim Tucker. And the fact that you want to hide the details of your residence speaks a lot to your commitment to this community.

I wouldn’t expect you to not agree w Jim. If you care so much about only hearing the opinions of locals stop soliciting far and wide. Nice try but I’m not asking you for your address. Don’t ask me for mine please.
Jim Tucker avatar
Beach Fanatic
#46
Hardly, Jim Tucker. People are allowed to share their opinions of the subject matter regardless of location, Or are they????? Does the mob want to silence those that are not with their agenda? Let’s not forget you guys are the ones soliciting people far and wide to sign an affidavit. Regardless of where they live you don’t care as long as they meet your criteria. This argument will always be easy for me to win because I’m on the right side of the law and it has already been proven once.
Of course anyone can weigh in. You misconstrue. If you cite specific issues you have on the beachfront then where you live and your actions are important. We are interested in knowing if you are like many others and argue in principle or if you have specific problems that can be resolved. Or if you just want people to stay off your beach because it's YOUR beach then you should be honest about it.
FactorFiction avatar
Beach Fanatic
#48
Of course anyone can weigh in. You misconstrue. If you cite specific issues you have on the beachfront then where you live and your actions are important. We are interested in knowing if you are like many others and argue in principle or if you have specific problems that can be resolved. Or if you just want people to stay off your beach because it's YOUR beach then you should be honest about it.

I have personally witnessed people on a Gulf front property owner's lot that was near an access do the following things: 1) Set up within 5 feet when there was plenty of vacant beach to have set up 20 feet or more away, 2) Set up immediately in front of the owner's chairs and when asked to move say "I have just as much right to be here as you do.", 3) Play frisbee with their child and the child literally hit the beachfront owner in the head with the frisbee, 4) Smoke when people are all around and the smoke is going toward non-smokers and their grandchildren, 5) Set up a canopy (or two) early in the day (7:30ish) and leave it until sunset while only spending approximately 3-4 hours out of the total day, 6) send frisbees, balls, etc. into the dunes (this one happens all over the beach), leave trash (particularly cigarette butts, plastic bottle tops, and other small plastic/cellophane items), holes, large sand creations (also all over the beach). I'm sure I could think of some more, but you get the idea. I'm fortunate to have a neighborhood (deeded) beach where others are welcome, but there are times that I truly wish we could trespass some people because they are so rude and disrespectful, but there is no law against behaving badly unless it gets to the illegal stage. Interesting that a restaurant owner, a movie theatre operator, and other "owned and managed" places can get help when someone is disruptive, but that doesn't apply on a Gulf front owner's property. I bet you'd find that a lot of Gulf front owners would be fine with people on their deeded property if there were rules that were enforced timely, proactively, and consistently AND they had the right to assistance if someone was disruptive to the enjoyment of the beach of the owner, family, guest, or others also using the beach.
FloridaBeachBum avatar
Beach Fanatic
#503
It is not surprising that customary users of private property do not post stories like these.

1. “On August 25, the Walton County Sheriff's Office received a complaint that a man was destroying "Private Beach" signs near Eastern Lake Drive. Stephen Lewis Hess, 57, and his wife were visiting South Walton from Texas, when they became uneasy about what they were seeing on the beach.”
Visitor Arrested for Destroying "Private Beach" Signs
Arrested Stephen Hess Lewis - Copy.jpgEastern Lake Drive - Copy.jpg
Not surprisingly there is ONLY private beach property landward of the MHWL on Eastern Lake Drive; except for a small outfall parcel Walton paid $850,000 for in 2016. But with all the misinformation from customary users it’s no wonder misguided public is confused and acting out.

Not surprisingly the Walton Sheriff went out of his way NOT to charge the man with trespassing on private property - since he had to trespass on private property to destroy the private property signs.


2. Tampa Bay. “... one man’s effort to fence off his beachfront property from the public using a new state law allowing property owners to privatize the sand up until the high tide line.
We reported the man behind all this was Jack Tenney. We told you Tenney is a YouTuber and ultimately, we discovered his actions to fence off the sand were all a part of a publicity stunt.”
Fences on beaches cause uproar and confusion about new Florida law
Jack Tenney customary use hoax Tampa - Copy.jpg

3. or posting factual information on Florida Statute 163.035 (HB631). Here’s an article from the bill sponsor Democrat State Rep. Katie Edwards-Walpole from Plantation. A land use attorney who is not seeking re-election to her District 98 seat to spend more time with family as a newlywed.
Edwards-Walpole defends her beach access law | Opinion
Kaydence avatar
Beach Fanatic
#51
FBB, Sometime back I think you said you are not a Facebook user but the top story you posted has been all over Facebook and Visions.

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