Back to All About SoWal

Customary Use and Our 30A Legacy

Reggie Gaskins avatar
Beach Lover
526,499 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.

03BC6F35-C70B-476E-8581-BDFB287ECF68.jpeg

Replies

2,312
Beach Fanatic
#2102
Am, please do not ask me questions unless you can handle the truth.

Exclusive rights to exclude anyone at anytime for any reason from the sandy coastal beach is not a power that you should be entrusted with. The reasons are obvious. Abuse of power is the reality of people who are connected with money and politics. Read more history. Heck just go back and read these posts from your group.

If you wanted exclusive private enjoyment of a natural resource like the beach I think you must have been well lets just say you were thinking with your money and abusive power NOT with reason or with a sense of community or civility and definitely not with a sense of an equal distribution of resources.

Your group has enlightened me regarding how elite wealth and power can justify their desires for exclusivity. In the future I will advise anyone that I communicate with to beware of elite wealth and power's inability to connect to anything other than money and politics. You DO NOT and WILL NOT ever have anyone's interest in mind except yours. I hope The People will eventually see through the political polarization that is preventing us from finding ways to equally distribute our resources...

The reason why The People are asking the court to support the declaration of CU is because of people like your group who abuse power. I think it was a small number of bpo's who want exclusive private enjoyment or are not willing to share the enjoyment of the beach with their community. Your group has mislead them IMO.

Power brokers are those who believe in their greatness and exclusive rights to resources like the coastal sandy beach.

If I were a bpo I would not join the lawsuit. I would probably have a hard time sleeping at night if I did. I sincerely hope that these arguments go before the Supreme Court.

In America Democracy means something, Civility should mean something and an Equal Distribution of Resources is the hope and dreams of this great Country...
Dave Rauschkolb avatar
Beach Fanatic
#2103
... NOT or anything your list ... if ancient historical English common law public customary use of American private property is found not Constitutional first. Given Florida state government support protecting BPO private property due-process rights from any Florida County or City government unilaterally declaring unrestricted public use of private property in FS163.035 and your failure predicting 2016 incumbent Commissioner Cindy Meadows reelection (who lost by a 2 to 1 margin to a politically no-experienced "former Mailman Tony Anderson"); even after you admit switched from the Democratic party to the Republican Party to vote for Meadows and back to Democratic party. You admit you spent three years and $40,000 of your own money in a failed effort to incorporate South Walton because you did not understand the people of South Walton aversion to another layer of taxes (and your association with the effort). You stated over and over Walton would become a Ghost Town if CU is not legally enforced against BFO Constitutional property rights and the Walton TDC bed tax collections and real state values have significantly increased since 2016. Visit South Walton, FL
I'm switching parties today! Why not have Non Partisan Elections in Walton County?

#1678 I do not put too much stock in ... Customary Use and Our 30A Legacy
MAJOR UPSET IN LOCAL ELECTIONS Walton County Primary Results 2016
#947 I spent nearly $40,000 of my own money ... Customary Use and Our 30A Legacy
Walton 2016 Primary Election ... Summary Results - Election Night Reporting
#1273 It failed but someday I hope it will happen.... Customary Use and Our 30A Legacy

Even if IF CU is not found unConstitutional, given your track record of progressive predictions, I do not put much credibility in your belief that if CU fails it will prevail "by the Florida Legislature, or by the people of Florida or by the Supreme Court or by beach nourishment." FL Legislators have spoken in FS163.035, a State Constitutional CU amendment is a dream, Governor DeSantis appointed 3 conservative FL Supreme Court Justices in 2019. SCOTUS has had conservative property rights rulings recently. DeSantis appoints third Florida Supreme Court justice, completing conservative makeover
Supreme Court ruling could impact Walton customary use case

Can anyone find where SCOTUS has ever heard a CU Constitutional case in 243 years? Many BPOs intend to follow the path to affirm American property rights continue to be superior to old English common law all the way to SCOTUS. Talk is cheap. Would you be willing to put $40,000 of your own money in escrow to pay BPO's legal fees should property rights prevail? Did not think so.

"Beach nourishment" or Hurricane Storm Damage Reduction 50 year easements required for any beach fortification failed 94% in 2015 because of Walton's lack of private property easement transparency and bad offshore off color sand. Wouldn't hold your breath on another beach shore fortification. Walton County Board of Commissioners Votes to Table Beach Renourishment Project - Hopping Green & Sams
Talk is cheap. CUnCourt


Ah, Florida Beach Bum thanks so much for placing links to the many reasoned responses I have posted regarding this issue. Here's one that really says it all. An oldie but a goodie.

"OK, Fact Or Fiction appreciate your point it is density driven and the concern is that there’s too many people and too many variances given. That’s why I worked very hard for three years with amazing people I am now lifelong friends with and are on both sides of the aisle and even this issue. And I spent nearly $40,000 of my own money to rally support to incorporate South Walton but those worried about taxes going up crushed that opportunity to have local representation. And some others who don’t want any control over development had a considerable influence as well.
The thing that bothers me is that those who are here and have theirs are trying to say I’ve got mine and we don’t want anybody else. Well, that’s not the way it works. Special places attract people and the people who invariably come require infrastructure and accommodations where they want to recreate. I’ve said it 1 million times “these are the good old days for the people just now moving here.”. Like in any city rules are created and enforcement is essential. If people don’t follow the rules and they are not enforced then there is anarchy. No one wants that so yes, we have to hold a representative officials accountable. However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. I was the first person to step up and offer solutions that actually were adopted. I engaged with beachfront owners to try to solve the problem but the die was cast and they wanted the whole apple and they currently have it. I truly believe that it’s temporary though.

I’m willing to sit down and work on solutions and I appreciate the fact that you addressed to me civilly without attacking me. By nature I’m an out-of-the-box thinker and a problem solver but this recent legislation in my book was yes, criminal and drastic and way out of line. So, how do we walk that back and restore our beaches to some semblance of shareable order? I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules.

One thing we seem to agree on is that the vending of Beach Chairs in the current incarnation has greatly exacerbated the problem and no vending should be allowed on any county public beaches the way it is currently set up. If someone wants to go to a county public beach and call up a phone number and have someone deliver some chairs and an umbrella in no specified zone that should be allowed, but only that. The rest of the county public beaches should be wide open for anyone to set up anywhere they wish; First come first served.

As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.

So again, To speak to your point those 4 million visitors can easily be educated; The TDC has plenty of money to educate people about the rules.

Do we really want Walton county to be the county in America that set the precedent that privatized beaches across the Nation? Or, do we want to be the beach community that figured it out and worked out a fair solution? The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts.

So I feel like I’ve given you a reasonable and respectful answer that offer solutions. And again, I appreciate the tenor of your response to my comments.


Very best regards,

Dave Rauschkolb"
Beach Fanatic
#2104
Actually, I am impressed. Others are as well.


Whatever. You and yours have ruined the beach.
Alex Miles avatar
Beach Comber
#2105
...an Equal Distribution of Resources is the hope and dreams of this great Country...

And there it is, folks.
The Customary Use battle cry of Socialism.
PoppaJ avatar
SoWal Insider
#2106
And there it is, folks.
The Customary Use battle cry of Socialism.
And there it is folks, the screaming faux knee jerk fear of socialism when all that was mentioned was our natural resources.
stone packard avatar
Beach Lover
#2107
Just think, if the socialists win enough elections, eventually there won't even be private property, much less private property rights. While they're confiscating stuff that they think we shouldn't have, why not just confiscate our land, houses, businesses, and everything else. Then, in theory, it really will be "the people's beaches".
FloridaBeachBum avatar
Beach Fanatic
#2108
mputnal, can you handle the truth?
Statement #2088 "... Equal Distribution of Resources is the hope and dreams of this great Country." Wow!
Of the many common forms of Government power 20 Common Forms of Government — Study Starters
Egalitarianism is best represented by Communism "denotes an absence of class divisions, which inherently requires the subversion of the ruling class by the working class." and Socialism "A counterpoint to the competitive nature and unequal proclivities of capitalism, socialism has existed in many forms ..." address "Equal distribution of Resources".
What Is Socialism? | katherine pickering antonova “equal” distribution of resources, do we mean absolute equality
Does mputnal defined American Constitutional property rights "power" pass the "Envy Test"? Failing the Envy Test
What economic resource, after American legal private property, are next for "equal distribution of resources"?
You can't handle the truth - from A Few Good Men. Can not wait for the ad nauseam incredible class warfare diatribe.
===============

Dave Rauschkolb, "changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions." What "rules" or rule of law was changed? Have specific credible facts please.

"I’m willing to sit down and work on solutions ..." You individually and as on officer of Florida Beaches for All are intervening FOR Walton commissioners' CU litigation against 1,193 private beachfront parcels and 4,671 beachfront owners. You can not have it both ways.

"but this recent legislation [FS163.035 (formally HB631)] in my book was yes, criminal and drastic and way out of line." "I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules." That belief qualifies as an "out-of-the-box thinker and a problem solver"?

"4 million visitors can easily be educated" about beach behavior and respect? Another in-credible progressive prediction.

Walton "county in America that set the precedent that privatized beaches across the Nation?" Hate to break the news to you but ALL Walton legally deeded private property to the MHWL (or ECL) has always been and is today private and can not be "privatized". Even with CU property is still privately owned property.

"The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts." Yes, the American rule of law and private property owner Constitutional right to CHOOSE to invite anyone they CHOOSE to share and public respect for those American rights is the "compromise". If the Walton Commissioners or you want to do their duty to address public beach behavior to respect American/Walton property rights and the Sherriff's duty to enforce public behavior; that'd be good too.

Here's a another oldie but goodie posts too after your #945.
#950 Customary Use and Our 30A Legacy
#951 "Not worth my time to continue talking." Customary Use and Our 30A Legacy Another not credible statement shown (#2089) 1,138 posts previously. If there are any CU facts and not unsubstantiated beliefs; would like to hear them.
==============

bob1 are you related to bob bob? Like a belly button, every has an opinion and talk is cheap. We are dealing with the CREDIBILITY of facts and rule of law that reflect American values. Go over to Okaloosa Island to visit the miles of undeveloped/un-ruined US Government beaches. Just do not pass the restricted public access signs near Hurlburt the US Government has the "power" and right to restrict.
anonymous CU believer Pappj, if the shoe fits ... read the post links too.

Edited

Beach Comber
#2109
And there it is, folks.
The Customary Use battle cry of Socialism.
Many of the posts through this thread have gone even further than that. Continually reading phrases like Abuse of Power, Elite Wealth, Power Broker, and of course The People, reminds me of reading The Communist Manifesto back in college (many years ago). And now the call for an Equal Distribution of Resources. What’s next, a revolution?
PoppaJ avatar
SoWal Insider
#2110
Just think, if the socialists win enough elections, eventually there won't even be private property, much less private property rights. While they're confiscating stuff that they think we shouldn't have, why not just confiscate our land, houses, businesses, and everything else. Then, in theory, it really will be "the people's beaches".
You mean socialists confiscating land like this?
As government prepares to seize more land for a border wall, some Texas landowners prepare to fight

Would you boycott this socialist store?
When the only grocery in a deep red town closed, the city opened its own store. Just don’t call it ‘socialism.’ - The Boston Globe
Beach Comber
#2111
Okay so I am going to ask you to please be respectful. You obviously know my business but I do not know yours which is okay as long as we are civil. BTW the organic life of a pine needle is very similar to the life of many agricultural products which are consumed. Both are consumed. One is consumed by humans and other organic life and the other is consumed by the elements that make up earth. Sand is different. It is not consumed. It has a shelf life of forever and it does not stay in any one place.

I really do not have a problem with those bfo's who saved their money to build on the beach or those that had the property handed down. We are talking modest and many are on pilings which I believe is less exclusive. Now imagine the beaches lined with visually exclusive mega-mansions as you say. Add to that the exclusive use of the beach behind the exclusive mega-mansions. This will happen in the near future because this is a valuable resource and guess who already owns over 50% of our available land resources? Okay so you say you are okay with that but I am not okay with that so do we keep arguing about who is right and who is wrong or just let the court figure it out? This is not a court room and we all have opinions! Your opinion is important. My opinion is important. Yes even these power brokers have an opinion and it is important. But the point is we are expressing opinions. When there are facts on both sides we as a community need to find compromises. If one side will not listen to the facts of the other side or attack those facts as being less than then we have a problem of civility and respect. We can argue all day and night and not solve anything that way and actually make things worse. That is what this thread intended. Create enough fear and anger that the government can take away your property rights and well isn't it obvious what the reaction will be?

My point here is that we just need to listen to each other and figure out a compromise. Apparently the County realized that something changed on our beaches regarding shared enjoyment and they had to do something about it. I am not letting the County off with being without fault here but what else could they do? The power brokers are adamant on exclusion. There are no other disputes regarding property rights but that power to exclude people from the beach. Those bfo's that you are referring to have always practiced shared enjoyment of the beach but something changed. Do you think it is possible that those with political influence believe that the Supreme Court will agree with exclusive private beach enjoyment? If you do I see a big risk in that it will be costly and not a slam dunk. We did take land from the native Americans and sent them packing. How do you get around that? Coastal boundaries are constantly changing because the forces of nature are greater than the forces of man. How do you get around that? Land use is a conservative application of property law and the public has no way of knowing where property lines are. How do you get around that? The Sandy beaches were formed in the sea and deposited on the coastline so who owns the sand. How do you get around that. When a public recreational beach uses the beach where are the boundaries? How do you get around that. Of course the power brokers have facts but there are many facts here that our Justice System will now have to figure out because the community was not able to compromise on exclusive private enjoyment or shared public enjoyment. It just seems like common sense should have led to a compromise but why do you think compromise was not an option? Because elite power does not compromise...

Mputnal...in what way was my post disrespectful?
stone packard avatar
Beach Lover
#2112
You mean socialists confiscating land like this?
As government prepares to seize more land for a border wall, some Texas landowners prepare to fight

Would you boycott this socialist store?
When the only grocery in a deep red town closed, the city opened its own store. Just don’t call it ‘socialism.’ - The Boston Globe
For one thing, I'm not in favor a a border wall. Secondly, did I say anything about boycotting a business? I still use the USPS when I send out Christmas cards. And I even rode on AmTrack once.
Beach Fanatic
#2113
And there it is folks...

Elitism, Exclusion and Abusive Power crying about having to share...
And there it is, folks.
The Customary Use battle cry of Socialism.
30A Skunkape avatar
Skunky
#2114
Just think, if the socialists win enough elections, eventually there won't even be private property, much less private property rights. While they're confiscating stuff that they think we shouldn't have, why not just confiscate our land, houses, businesses, and everything else. Then, in theory, it really will be "the people's beaches".

It isn't just the socialists that grab land. Looks like the capitalists do it, too. 'Without just compensation': Louisiana gives pipeline owners broad authority to seize land
Beach Fanatic
#2115
Fbb, I think it is more like you are trying to avoid the truth. I wonder why!

Try as you might to link me to socialism you will fail because I am linked to reality and awareness. Your efforts to use words like Marxist, Socialist and Communist only proves that you have lived your life with many many entitlements that you have NOT earned otherwise you would not fear the truth of what makes this Country strong. The Middle Class and the Working Class is the back bone of this Country and you are doing your best to break it by hoarding resources like the coastal sandy beach. It is quite revealing the way Elite Wealth and Power believe in their importance. Your every post solidifies my awareness.
Alex Miles avatar
Beach Comber
#2116
You are brilliant. Thank you for speaking truth to power.

Truth to.... "power"? Really?

BPOs don't have the power of the local leftist social media. (But, at least thank you to SoWal for being the one remaining local site that does not censor BPO fact-based arguments, at least not as much as the others.)

BPOs don't have the power of the local law enforcement protecting their legal property rights.

BPOs don't have the strong powerful voice of the TDC profit machine behind them.

It might surprise you all to know that the BPOs that I know are actually using their retirement savings to pay for these all these attorneys to defend themselves against the attack by the county and activists.

Just because BPOs can afford to hire attorneys, thanks to their decades of strong work ethic and living within a budget below their means, don't fall for the clever class warfare tactics of labeling BPOs as greedy and rich.

Stop trying to redistribute wealth. Redistribute work ethic instead.

The notion of entitlement goes both ways. We are all entitled to own private property in America. Just because you don't like it, doesn't entitle you to take it away from us. That's what greed is.

Isn't it funny to watch high-powered capitalists in our community try to make money riding the wave of socialism, hoping to redistribute others' wealth....for their own personal commercial benefit. Actually it's not funny at all.
Beach Fanatic
#2117
DM, I am surprised that you are asking this question. You probably should know the answer to your own question. I did not say you were disrespectful and I just wanted to keep it that way. Respect is important right?

Fbb, one more thing. Since we have not established that you have a shadow are we sure you even got a belly button :)
Beach Fanatic
#2118
Am, best I can tell your formula of productivity is zero. Put another way: Work Ethic times entitlement equals zero productivity. It is the nature of elite wealth to sit back and let the money roll in just from owning the majority of the resource. I understand why you are desperate to lead The People away from the truth!
Beach Lover
#2119
Post #2089 “As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.”

Post #2089 “ The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach.”

The Walton County Private Property Owners have had property rights ever since the State of Florida awarded Private Property Deeds (since Florida became a State on March 3, 1845 which is a time when the memory of man runs not to the contrary of it).

Post #2089 states you acknowledge private property but you are a leader of FBFA which is listed as a plaintiff in a lawsuit to remove (take, steal) the private property rights which have been held in time immemorial, from the private property owners (without compensation) and GIVE EXCLUSIVE CONTROL to the BCC to allow unlimited people with unlimited beach equipment from the toe of the dune to the deeded property line AGAINST THE WILL OF THE PROPERTY OWNER. According to the 2016 BBC Minutes, the driving force appears to be financial driven by chasing billions of tourists’ dollars. This act would remove a large portion of the Florida Property Rights, which are also listed on the Walton County Web Site.

So how exactly are you acknowledging private property rights?
Beach Comber
#2120
DM, I am surprised that you are asking this question. You probably should know the answer to your own question. I did not say you were disrespectful and I just wanted to keep it that way. Respect is important right?


mputnal, I thought you were implying my post was disrespectful. Sure seemed like that to me. But, you say you were not, so I will take you at your word, and I apologize for the misunderstanding. We both agree my post/response to you was not disrespectful in any way. Seems we actually agree on something.
Beach Comber
#2121
Not sure why my response appeared in the quoted portion.
PoppaJ avatar
SoWal Insider
#2122
For one thing, I'm not in favor a a border wall. Secondly, did I say anything about boycotting a business? I still use the USPS when I send out Christmas cards. And I even rode on AmTrack once.
And parks, police, fire dept, library, roads, ..........
Beach Fanatic
#2123
DanaMarie, yes we do agree on something :) Probably on many things! I do not disrespect your opinions and your beliefs. I think this thread was hoping to create a divide between us. Many words being tossed around like socialist and capitalist are used in political theater to divide people. We should resist being divided because it makes it just too easy for those who abuse power. Think of power like an entitlement. Think of who benefits most from entitlements. Who holds the most power from entitlements like tax breaks, tax loop holes, corporate welfare etc.? Not the working class. Not the middle class. I am not a socialist and hope that we all wake up before there it is too late. I assume that you and I are both registered republicans but I do not let anyone speak for me not even my party. I am very disappointed in my party. Actually neither party has represented the middle class for a long time IMO. My only message about politics is to think for yourself and have a voice.
Beach Lover
#2124
Post 2101 “The Middle Class and the Working Class is the back bone of this Country and you are doing your best to break it by hoarding resources like the coastal sandy beach.”

This is not a “hoarding” issue of the sandy beach. There are many parcels available for purchase today which include deeded property boundaries from the toe of the dune to the MWHL.

Why is there such a huge push back from BPO in a court case costing an estimated $50,000,000 (although the Plaintiff filed a lawsuit claiming it is “without dispute”)?

Because the BCC is trying to TAKE (acquire without expense against the will of the property owner – AKA stealing) exclusive control of the “right to exclude” from the private property owner for the exclusive control of the BCC for their financial gain. They are trying "own" without buying.

You personally can purchase “dry sandy beach” today and donate it to the BCC for them to manage, or the BCC can purchase, or the State can purchase and turn it into a State Park (which would be much better than the BCC).

Just don’t try to STEAL it (AKA redistribution of resources)

Edited

stone packard avatar
Beach Lover
#2125
And parks, police, fire dept, library, roads, ..........
Yep, I'm in favor of those things too. I also supported the purchase of Camp Helen by the state. Capitalism doesn't mean privatizing everything. Funny that you mentioned the police though. Law enforcement seems to be a target of the socialists these days.

Checking your forum account

Please wait while we verify your forum account.

New posts