Back to All About SoWal

Customary Use and Our 30A Legacy

Reggie Gaskins avatar
Beach Lover
526,502 views2
upload_2019-4-25_8-30-52.jpeg
When you see a PCB or Destin bumper sticker, what thought immediately comes to mind? Probably same for all of us with any time spent here - nice, but it ain’t 30A! Do you remember why you started renting/visiting here? What was it? Remember when you bought your first 30A property? Why here?
Because it was DIFFERENT, right? Remember the words you used to describe it to family and friends as you invited them here? “Private” “Quiet” “Intimate” “Less crowded”. That wasn’t by accident. The entire genetic code of Sowal beaches is because of the private ownership and neighborhood beach personalities.
You could rent “private beach”. You could buy “private beach”. There wasn’t a free for all frat party atmosphere because of unlimited public beach access on the sands. That behavior was regulated by the privately owned property where such behavior was immediately squelched. And yet, by custom, no one was ever “Kicked off” of private beaches because owners don’t do that unless bad actors abuse the privilege.
Walton County has always had more than 50% PUBLIC beach. Still does. That hasn’t changed. There are now deliberately misleading fear tactics out there with scary words like “Quiet Title” and “Privatization”, neither of which have affected one single square inch of public beach, not one. Yet, the mob mentality, orchestrated by local carnival barkers eager for fame and notoriety, and dollars, have mislead the citizens and deliberately tried to divide the community in a shell game of Customary Use.
The fact is that the county outran the capabilities of local Commissioners to plan for growth 20 years ago, and we haven’t improved that talent to deal with it even yet. So the County, in failing to plan beach availability, tried to illegally claim private property as public, without following the laws requiring judicial oversight. The local Good Ol’ Boys overreached their authority and got caught by the adults in Tallahassee. So they then decides to sue 4,800 of Sowal citizens to take their property. That’s right, your tax money is being spent, and a lot of it, to SUE almost 5,000 of your neighbors, and steal what they agreed to purchase at a premium, and have a deed to prove it.
Don’t blame them please, they didn’t want or ask for this fight. They live here and care for these beaches just like you and me. Go meet them, they are truly the eclectic fabric of 30A. The signs they had to put up are just in defense of this new orchestrated public attack against them.
The bottom line is this: The minute you release the public to occupy all of Sowal beaches, you IMMEDIATELY get nasty Destin and PCB problems. How will you feel about that 30A sticker then? Nostalgic? Me too.

Replies

2,312
Reggie Gaskins avatar
Beach LoverAuthor
#677
To the vast audience of this thread;
The last few posts/diversions of school yard antics prove the case. Now, consider this Walton taxpayers; Constitutional Property rights advocates have taken the affirmative position in this post by declaring that "CU will destroy our 30A legacy". We carry the burden of proof. A much harder position than to only defend against the plaintif's case. And as evidenced this morning, the case is pretty much settled in our favor. In court, however, the roles are reversed. The county takes the plaintiff position. Imagine the beating they will take when there is no real evidence to support their CU position, and all of the facts and law that you've read here will overwhelm any judge or jury. Do you think whimsical and vulgar memes will win the case? You decide...
PoppaJ avatar
SoWal Insider
#678
To the vast audience of this thread;
The last few posts/diversions of school yard antics prove the case. Now, consider this Walton taxpayers; Constitutional Property rights advocates have taken the affirmative position in this post by declaring that "CU will destroy our 30A legacy". We carry the burden of proof. A much harder position than to only defend against the plaintif's case. And as evidenced this morning, the case is pretty much settled in our favor. In court, however, the roles are reversed. The county takes the plaintiff position. Imagine the beating they will take when there is no real evidence to support their CU position, and all of the facts and law that you've read here will overwhelm any judge or jury. Do you think whimsical and vulgar memes will win the case? You decide...
Then why all the moaning and bellyaching if you have a case that can’t be lost? A number of county residents feel some property owners possess title to beach front that should have never been issued and are simply asking for a ruling realizing it’s not a slam dunk and won’t be an easy or inexpensive task. However they do feel the effort is worthwhile. So just sit back, have a drink, and chill in your confidence.
BlueMtnBeachVagrant avatar
Beach Fanatic
#679
I quoted from the study,
“We observed a denial of the relevance of facts,” the researchers wrote.”

Poppaj responds with only a meme and absolutely no credible commentary (which appears to be on par for many CU advocates).

What we have here is a denier of the denial of the relevance of facts it would appear.

CU advocates could NEVER be one of the groups that the study applies to, could they?

And please don’t even try to flip this around. There has been more FACTUAL postings on this thread from private property advocates than all the Trump pictures and BFO bashing by others.
BlueMtnBeachVagrant avatar
Beach Fanatic
#680
Then why all the moaning and bellyaching if you have a case that can’t be lost?
Because of extreme polarization induced by CU zealots like you (gosh I like that word), is one of the main reasons this thread was started in the first place, remember?....

Customary Use Will Destroy Our 30A Legacy

You guys have ruined the community spirit, plain and simple, by trying to grab what you don’t own and deamonizing your neighbors on top of that for owning it in the first place.
Lake View Too avatar
SoWal Insider
#681
The first and perhaps the only rule in propaganda is: if you tell a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.
Auburn Fan avatar
Beach Lover
#682
The first and perhaps the only rule in propaganda is: if you tell a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.

Be more specific. Which statement was a lie?

Go ahead. Prove your point. Give us one fact-based counterargument. Like a grown up. Like a man with character.

A cheap substitute meme for lack of facts doesn't cut it. In fact, it accomplishes quite the opposite. Proves Reggie's point.

Edited

PoppaJ avatar
SoWal Insider
#683
Because of extreme polarization induced by CU zealots like you (gosh I like that word), is one of the main reasons this thread was started in the first place, remember?....

Customary Use Will Destroy Our 30A Legacy

You guys have ruined the community spirit, plain and simple, by trying to grab what you don’t own and deamonizing your neighbors on top of that for owning it in the first place.
Nice try but a fail. I believe BFO’s realize this isn’t a slam dunk.
FloridaBeachBum avatar
Beach Fanatic
#684
I suggest no one reply (or consider stooping down) to those with nothing but juvenile meaningless taunts who are old enough (guessing collecting social security) and should know better.

To repeat my Post #190 [this is post 734]. " Best thing to do is ignore Lake View [et al]. Just want attention. Does not warrant a reply if all he's got is immature inconsequential banter. All talk, no substance. Wait LV2 [et al] won't address a single fact or will reply with his inane banter or a goofy photo."
Customary Use Will Destroy Our 30A Legacy

But still be a Badger for the property rights facts and illuminate the intentional CU misinformation with the truth. I do the work to educate myself of the facts, I don't listen to antisocial media emotional dribble, and share with those who support the Constitution and want to understand the facts. I could care less what Pappj, LV2 et al think or say. They just need to find their own alternative facts to CU doctrine be credible. Maybe attorney Daniel Uhlfelder can help them. We know other FBFA members have opinions but no facts.
Customary Use Will Destroy Our 30A Legacy

Customary Use Will Destroy Our 30A Legacy

Edited

bob bob avatar
Beach Fanatic
#685
Nice try but a fail. I believe BFO’s realize this isn’t a slam dunk.
A lot of whistling past the graveyard I hear here.
PoppaJ avatar
SoWal Insider
#686
I suggest no one reply (or consider stooping down) to those with nothing but juvenile meaningless taunts who are old enough (guessing over 65) and should know better.

To repeat my Post #190 [this is post 734]. " Best thing to do is ignore Lake View [et al]. Just want attention. Does not warrant a reply if all he's got is immature inconsequential banter. All talk, no substance. Wait LV2 [et al] won't address a single fact or will reply with his inane banter or a goofy photo."
Customary Use Will Destroy Our 30A Legacy

But still be a Badger for the property rights facts and illuminate the intentional CU misinformation with the truth. I do the work to educate myself of the facts, I don't listen to antisocial media emotional dribble, and share with those who support the Constitution and want to understand the facts. I could care less what Pappj, LV2 et al think or say. They just need to find their own alternative facts to CU doctrine be credible. Maybe attorney Daniel Uhlfelder can help them. We know other FBFA members have opinions but no facts.
Customary Use Will Destroy Our 30A Legacy

Customary Use Will Destroy Our 30A Legacy
This is a legal matter to be settled in the courts and if you’ve noticed I haven’t played keyboard attorney like many on here. I only possess an opinion, not any schooling in legal matters. With all the precedent, case law, and other legalese I’ve seen on here one would believe the anti-CU people are all attorneys. You guys keep bringing up the constitution in your posts so it might be useful to remember the 5th amendment is often referred to as the taking clause.
Lake View Too avatar
SoWal Insider
#687
I suggest no one reply (or consider stooping down) to those with nothing but juvenile meaningless taunts who are old enough (guessing collecting social security) and should know better.

To repeat my Post #190 [this is post 734]. " Best thing to do is ignore Lake View [et al]. Just want attention. Does not warrant a reply if all he's got is immature inconsequential banter. All talk, no substance. Wait LV2 [et al] won't address a single fact or will reply with his inane banter or a goofy photo."
Customary Use Will Destroy Our 30A Legacy

But still be a Badger for the property rights facts and illuminate the intentional CU misinformation with the truth. I do the work to educate myself of the facts, I don't listen to antisocial media emotional dribble, and share with those who support the Constitution and want to understand the facts. I could care less what Pappj, LV2 et al think or say. They just need to find their own alternative facts to CU doctrine be credible. Maybe attorney Daniel Uhlfelder can help them. We know other FBFA members have opinions but no facts.
Customary Use Will Destroy Our 30A Legacy

Customary Use Will Destroy Our 30A Legacy

The first, and perhaps, the only rule in propaganda is: If you tell a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.

Edited

Beach Fanatic
#688

This is a legal matter to be settled in the courts and if you’ve noticed I haven’t played keyboard attorney like many on here. I only possess an opinion, not any schooling in legal matters. With all the precedent, case law, and other legalese I’ve seen on here one would believe the anti-CU people are all attorneys. You guys keep bringing up the constitution in your posts so it might be useful to remember the 5th amendment is often referred to as the taking clause.

Is that Plan B (if needed)?



Public Use Requirement

In Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), the Supreme Court held that general benefits which a community would enjoy from the furthering of economic development is sufficient to qualify as a "public use."
PoppaJ avatar
SoWal Insider
#689


Is that Plan B (if needed)?



Public Use Requirement

In Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), the Supreme Court held that general benefits which a community would enjoy from the furthering of economic development is sufficient to qualify as a "public use."
That reads as a legitimate argument to be used here, but again I have no expertise in law.
(Your link takes you to Keto vs US)
FloridaBeachBum avatar
Beach Fanatic
#690
Is that Plan B (if needed)?
Public Use Requirement
In Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005), the Supreme Court held that general benefits which a community would enjoy from the furthering of economic development is sufficient to qualify as a "public use."
First, your Kelo link is to the wrong court case. Second, did you read Kelo? Can you or anyone describe the ruling in the Kelo case? Did the Government not have to pay fair market value for the emanate domain taking? Is that your point? Can you or anyone describe how Kelo would apply to Walton private property beachfront? Who were the SC judges in the 5-4 Kelo decision and who are the US SC judges today?
Because you lost me and I suspect all 4,671 BFOs.

If you don't want to read the case and understand it; did you see the movie about Kelo? "Little Pink House"?
Here's same crib notes too. Kelo v. City of New London - Wikipedia
Public reaction to the US SC decision was highly unfavorable. So if you took a survey of the US SC decision and it was unfavorable; would you think the poll should trump the law?
Do you know what happened to the New London public development of the private properties after the US SC decision? They are still vacant. There was zero public use or benefit of the condemned private properties that were forcibly taken by the government.

If you believe the private dry sand is worthless because of the government’s police power regulation of private use of beach property; that was addressed in post #624.
Customary Use Will Destroy Our 30A Legacy

Might want to read the Bert Harris Act too.
Beach Fanatic
#691
Pounce! Links bad. Get over it. I was referencing anothor posters comment. Take a bath and calm down.
FloridaBeachBum avatar
Beach Fanatic
#692
Pounce! Links bad. Get over it. I was referencing anothor posters comment. Take a bath and calm down.
Customary Use Will Destroy Our 30A Legacy
In-credible, as in not credible. Have you read KELO? What's the point of bring up KELO? Or just more knee-jerk reaction?
Link is fine if you know the correct JUSTIA link to use. Kelo v. New London, 545 U.S. 469 (2005)

Public reaction to the US SC decision was highly unfavorable. So if you took a survey of the US SC decision and it was unfavorable; would you think the poll should trump the law?

Edited

Lake View Too avatar
SoWal Insider
#693
First, your Kelo link is to the wrong court case. Second, did you read Kelo? Can you or anyone describe the ruling in the Kelo case? Did the Government not have to pay fair market value for the emanate domain taking? Is that your point? Can you or anyone describe how Kelo would apply to Walton private property beachfront? Who were the SC judges in the 5-4 Kelo decision and who are the US SC judges today?
Because you lost me and I suspect all 4,671 BFOs.

If you don't want to read the case and understand it; did you see the movie about Kelo? "Little Pink House"?
Here's same crib notes too. Kelo v. City of New London - Wikipedia
Public reaction to the US SC decision was highly unfavorable. So if you took a survey of the US SC decision and it was unfavorable; would you think the poll should trump the law?
Do you know what happened to the New London public development of the private properties after the US SC decision? They are still vacant. There was zero public use or benefit of the condemned private properties that were forcibly taken by the government.

If you believe the private dry sand is worthless because of the government’s police power regulation of private use of beach property; that was addressed in post #624.
Customary Use Will Destroy Our 30A Legacy

Might want to read the Bert Harris Act too.

The first, and perhaps, the only rule in propaganda is: If you keep telling a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.
FloridaBeachBum avatar
Beach Fanatic
#694
The first, and perhaps, the only rule in propaganda is: If you keep telling a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.
Why are you repeating, repeating, what I already said in post #240 about FBFA and anti social media CU misinformation??
Are you agreeing with my #240 post about CU propaganda?
#240 post Customary Use Will Destroy Our 30A Legacy
"I guess if you repeat [CU] misinformation enough times, it becomes the illusion of truth to some [CUers]."
Illusory truth effect - Wikipedia
"The only way to dispel the [CU] illusion is to shine the light of truth (with facts) on it."
What public customary use of private property facts are you offering?

Edited

Lake View Too avatar
SoWal Insider
#695
Why are you repeating, repeating, what I already said in post #240 about FBFA and anti social media CU misinformation??
Are you agreeing with my #240 post about CU propaganda?
#240 post Customary Use Will Destroy Our 30A Legacy
"I guess if you repeat [CU] misinformation enough times, it becomes the illusion of truth to some [CUers]."
Illusory truth effect - Wikipedia
"The only way to dispel the [CU] illusion is to shine the light of truth (with facts) on it."
What public customary use of private property facts are you offering?
Every time I read your slogan on this thread, I will give my opinion. Your slogan is a false claim that insults an entire community that stretches across the entire southeast and stretches across many, many generations. You can repeat it ad nauseum, and I can give my opinion, ad nauseum.

The first, and perhaps, the only rule in propaganda is: If you keep telling a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.
Lake View Too avatar
SoWal Insider
#696
The premise of this thread was never about facts. It was about your false opinion of where the blame lies in this situation. Your strategy seems to be to prod and poke truly honest people into emotional responses that you can use on other websites, out of context. If you are trying to sway public opinion this is about the most blatant epic fail I have ever witnessed. You need to know when to shut up, but you don't.
Beach Fanatic
#697
First, your Kelo link is to the wrong court case.

Link is fine

Are you okay?
BlueMtnBeachVagrant avatar
Beach Fanatic
#698
Dear @FloridaBeachBum,
I am so sorry that you (we) have to out to put up with the likes of @Lake View Too and @L.C. Bane - all noise, no facts. All emotion, no facts. All mistruths, no facts. All denial of the relevance of facts and no facts. No facts, period.
Lake View Too avatar
SoWal Insider
#699
Dear @FloridaBeachBum,
I am so sorry that you (we) have to out to put up with the likes of @Lake View Too and @L.C. Bane - all noise, no facts. All emotion, no facts. All mistruths, no facts. All denial of the relevance of facts and no facts. No facts, period.

I looked on my ID card: Guess what? I'm not Judge Green. Have you presented all your facts to him? Stop whining.
FloridaBeachBum avatar
Beach Fanatic
#700
Not sure what the point of Kelo is to Walton private beachfront property rights, or the 1951 Keto (not Kelo) US Court of Appeals for the Eighth Circuit, linked in L.C. Bane's original post, #738 Customary Use Will Destroy Our 30A Legacy

So back to more CU malarkey for the property rights advocates or anyone else who may be interested in the facts.

It's interesting to read back over old newspapers. Like newspapers, Sowal "Local Government" thread goes back to 9-22-2005 Local Government and Groups
How BOFs are "greedy" if they want to enjoy their Constitutional private property rights, that BFOs, not the public, pay property taxes on to the MHWL. It is interesting to see the history of public/private-beach beliefs, ignorance of private property laws and the Constitution then too, and predictions of impending economic doom, just like today 14 years later.

Seems the South Walton economic predictions of economic doom since 2005 based on opinions and beliefs, if you look at the growth and tourist tax revenue over the past 14 years, are NOT credible.
Beach destinations are public demand & in Walton 50% private supply. Inept Commissioners' unmanaged growth, TDC public expectations marketing, and antisocial media-lies are at the crux of the public customary use of private property discourse today. The property owner paid a premium for the title to the beach/supply and pays the local property taxes required to own the beach/supply, with all the property rights any other Walton County property owners has. The Commissioners' TDC have annually spent $20,000,000 and next year has budgeted $29,000,000 to bring more tourist/demand here with no plans to educate the public what is acceptable behavior and woefully ineffective beach code enforcement. A sheriff doing his best to avoid enforcing property rights. Kudos to the Deputies who have to endure staged for social media altercations by attorneys who should know better.

Since 2007 the Commissioners have tried to figure out how to change the legal title on the private beach supply. First by creating beach with a $173 Million tax payer paid 3.8 Million cubic yards of crappy not-white, shell-ridden, off-shore sand 50 year plan, and a legal perpetual government private property construction easement.

When BFOs exposed the Commissioners/TDC less than trasparent beach fortification plan and 94% of the (1,192 parcels) BFOs rejected the property easements; (2) then the politically elected Commissioners just unilaterally declared war on private property rights with an archaic English aristocratic common law on the private beach/supply without BFOs Constitutional due process. Required a super-majority of FL legislators (including local FL Rep Brad Drake) and Governor to step in and pass a private property legal due-process law (FS 163.035) to prevent any other FL county from doing what Walton Commissioners were stupid enough to legally try to do.

Commissioners' tried a legal strategy to force BFOs into being the Plaintiff, with the burden of proof to show BFOs Constitutional property rights was superior to an old English common law of custom. That's back-***wards. A super majority of FL legislators, and the Governor connected those dots and rectified that due-process ruse before the courts could have. Saving tax payers millions of dollar in legal fees.

Today CU believers, incited by Commissioners spending many millions of tax payers dollars to litigate an ancient English common law against 4,671 BFOs have a strategy to fan the flames of the masses on antisocial media - the only problem with that strategy - what if BFOs private property rights prevail in court!? Commissioners' will have 4,671 really really angry BFOs who will have had to endure this Commissioners' and antisocial media's CU legacy. CUnCourt

Edited

Lake View Too avatar
SoWal Insider
#701
Not sure what the point of Kelo is to Walton private beachfront property rights, or the 1951 Keto (not Kelo) US Court of Appeals for the Eighth Circuit, linked in L.C. Bane's original post, #738 Customary Use Will Destroy Our 30A Legacy

So back to more CU malarkey.

It's interesting to read back over old newspapers. Like newspapers, Sowal "Local Government" thread goes back to 9-22-2005 Local Government and Groups
How BOFs are "greedy" if they want to enjoy their Constitutional private property rights, that BFOs, not the public, pay property taxes on to the MHWL. It is interesting to see the history of public/private-beach beliefs, ignorance of private property laws and the Constitution then too, and predictions of impending economic doom, just like today 14 years later.

Seems the South Walton economic predictions of economic doom since 2005 based on opinions and beliefs, if you look at the growth and tourist tax revenue over the past 14 years, are NOT credible.
Beach destinations are public demand & in Walton 50% private supply. Inept Commissioners' unmanaged growth, TDC public expectations marketing, and antisocial media-lies are at the crux of the public customary use of private property discourse today. The property owner paid a premium for the title to the beach/supply and pays the local property taxes required to own the beach/supply, with all the property rights any other Walton County property owners has. The Commissioners' TDC have annually spent $20,000,000 and next year has budgeted $29,000,000 to bring more tourist/demand here with no plans to educate the public what is acceptable behavior and woefully ineffective beach code enforcement. A sheriff doing his best to avoid enforcing property rights. Kudos to the Deputies who have to endure staged for social media altercations by attorneys who should know better.

Since 2007 the Commissioners have tried to figure out how to change the legal title on the private beach supply. First by creating beach with a $173 Million tax payer paid 3.8 Million cubic yards of crappy not-white, shell-ridden, off-shore sand 50 year plan, and a legal perpetual government private property construction easement.

Then when BFOs exposed the Commissioners/TDC less than trasparent beach fortification plan and 94% of the (1,192 parcels) BFOs rejected the property easements; (2) the politically elected Commissioners just unilaterally declared war on private property rights with an archaic English aristocratic common law on the private beach/supply without BFOs Constitutional due process. Requiring the FL legislators and Governor to step in and pass a private property legal due-process law (FS 163.035) to prevent any other FL county from doing what Walton Commissioners were stupid enough to legally try to do.

Commissioners' tried a legal strategy to force BFOs into being the Plaintiff, with the burden of proof to show BFOs Constitutional property rights was superior to an old English common law of custom. That's back-***wards. A super majority of FL legislators, and the Governor connected those dots and rectified that due-process ruse before the courts could have. Saving tax payers millions of dollar in legal fees.

Today CU believers, incited by Commissioners spending many millions of tax payers dollars to litigate an ancient English common law against 4,671 BFOs have a strategy to fan the flames of the masses on antisocial media - the only problem with that strategy - what if BFOs private property rights prevail in court!? Commissioners' will have 4,671 really really angry BFOs who will have had to endure this Commissioners' and antisocial media's CU legacy. CUnCourt

The first, and perhaps, the only rule in propaganda is: If you keep telling a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about.

Checking your forum account

Please wait while we verify your forum account.