Customary Use and Our 30A Legacy

Beach Lover

Apr 25, '19 · 7:46 AM526,4962

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

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Beach Fanatic

Dec 8, '19 · 3:16 PM#2227

Please, can we stick with the facts that establish credibility!? #1757 I don’t attack CU believers, only the notion of baseless CU beliefs and misinformation. Customary Use and Our 30A Legacy

Fact. Ancient English common law public customary use of private beachfront property is a de novo legal process with from 4 to 7 CU criteria depending on which court or medieval English legal doctrine or statute the courts rely on. No dispute what the criteria is or what the criteria means so how can CU be in dispute (sarcasm). No public CU criteria includes polls(1), or number of anti-social media followers, or if enforcing American property rights affect the local economy. Only social media and politicians care about the number of followers - not the courts.

#2225 “house bill 631 set forth a procedure for counties to reaffirm customary” Again, FS163.035, not HB631, set forth a BPO due process “de novo” legal process to have a judge to make a declaratory judgment that old English public CU is superior to American Constitutional private rights. FS163.035 is not “a procedure for counties to reaffirm customary use” because FS163.035 is DE NOVO (2). The court starts “anew” like nothing happened before. Before FS163.035 NO other FL county had tried to unilaterally declare public CU on private property so there is NO other counties to “reaffirm” public CU in.

“always have without exclusion and offending private property signs.” Another unsubstantiated belief. The law of the land has been and is today that BPO can choose to allow others on their property to the MHWL or not. Most BPO have but fro how long if BPO prevail in the estimated up to $50,000,000 litigation? BPO signs have been around for decades and are protected by the Constitution First Amendment (see Goodwin Goodwin v. Walton County, Florida | Pacific Legal Foundation ). Like this 2007 Seaside First Amendment protected sign.
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The only thing NEW in the last few years is the past-and-present BCC Commissioner’s and Larry Jones’ inept management of Walton tax payer’s money. TDC spending $20,000,00 in tourist taxes annually to bring more tourist to private public and privately (BCC taxed) beaches, passing on to private property owners the public demand the BCC failed to manage. New, BCC willingness to spend up to $50,000,000 on CU and maybe get nothing. New, CU believer’s intentional social media misinformation about public CU on private property. Who wouldn’t want free beach use on social media; except the owner who has to pay for the property and clean up after the public customary use because their is no law enforcement? New, Quiet Title of private beaches for $400 were ever public property, or BPOs do not pay taxes or can build seaward of CCCL on their dry sand property, or that FS163.035 is anything other a BPO property due process law, or that the Walton tourist bed tax, property values have only increased with FL economy since FS163.035 or the Walton CU ordinance, or over 650+ of the 1,193 BPO parcels (about 2,500 BPOs), not a “handful” have hired about 34 of the best attorneys in FL to intervene for them collectively. BCC have cost Walton tax payers to date about a million dollars and BPOs in-total a guest-a-ment of about millions dollars, and after more than a year the Walton $425/hr attorneys can’t even get the BPO notifications right so the trial can start and the CU Plaintiff can prove their case. The first motion is if old English common law customary use is superior to American Constitution 5th and 14th Amendments. If affirmed that CU is unconstitutional no number of CU followers will matter. CUnCourt.

#2022 Why do BPOs feel compelled to use pseudonyms? Because of CU believers civil discourse like this Mike Huckabee’s F***ABEE Stickers and staged trespass on BPO property by CU believer attorney and others or frivolous police reports filed against BPO but not known CU believer active shooter videos.
Customary Use and Our 30A Legacy

(1) Who commissioned the partisan Sep 2018 Mason-Dixon poll? FBFA? An individual? If you know and will not say; why not? #86 Customary Use and Our 30A Legacy
(2) De novo De Novo - FindLaw

Buy a seat on the BCC and fix it. No one is reading more than one sentence of your posts without nodding off.

Beach Fanatic

Dec 8, '19 · 3:46 PM#2228

“Buy a seat on the BCC and fix it.” BCC can not be fixed, Larry Jones should be fired, and TDC budget should tax tourist no more than to maintain the public beaches. $1,000,000? I do not need nor want the Walton TDC trucks driving across and spoiling my (not our) beautiful beach I pay and maintain (just like the FL Parks prohibit Walton vehicles). ZZZzzzzz.

After my nap I read the second sentence #2227. Only the courts can resolve the public CU of private property fire the Walton BCC has created, CU believers have fanned the flames, and Walton tax payers will pay the multi-millions. What did your post add to the credibility of CU believer facts about CU? Do you have any CU believer facts or law to justify CU beliefs? Wish credible facts could be posted in one sentence. But it takes time and effort. Do not like or too lazy to read credible facts - don’t read it. Sweet dreams.

Beach LoverAuthor

Dec 8, '19 · 4:05 PM#2229

Our beaches are important to all of us. We all want the same thing. Rational people can see that by reading through The discussion.

Respect for our pristine natural resource.
Respect for everyone’s love of the beach.
Respect for private property rights.

It all worked great til the incompetent county tried an illegal land grab, sending us into this spiral. Then, the publicity stunts began. Adults in Tallahassee put them in time out, reminding them there are laws to follow, not wishes.

I hope, with all of my love for this special place, that the folks interested in this important local issue, see what just happened today. It’s perfectly symptomatic of the entire CU campaign.

FBFA just plugged into an international hate campaign against Huckabee to link to twitter users who hate Huck, as They are all somehow invested in something none of them have ever heard of and won’t ever know of - customary use of beach. They simply all share a political hate of the Huckabee family. How sad.

And you’re supposed to be proud and celebrate such a hollow, mindless triumph of social media engineering.

We, as a collective, passionate community, should all be embarrassed on the world stage.

This moment, right here and now, is a PERFECT example of how this childish public tantrum of

Customary Use Will Destroy Our 30A Legacy

Edited Dec 8, '19 · 4:47 PM

Beach Fanatic

Dec 8, '19 · 7:04 PM#2230

“Buy a seat on the BCC and fix it.” BCC can not be fixed, Larry Jones should be fired, and TDC budget should tax tourist no more than to maintain the public beaches. $1,000,000? I do not need nor want the Walton TDC trucks driving across and spoiling my (not our) beautiful beach I pay and maintain (just like the FL Parks prohibit Walton vehicles). ZZZzzzzz.

After my nap I read the second sentence #2227. Only the courts can resolve the public CU of private property fire the Walton BCC has created, CU believers have fanned the flames, and Walton tax payers will pay the multi-millions. What did your post add to the credibility of CU believer facts about CU? Do you have any CU believer facts or law to justify CU beliefs? Wish credible facts could be posted in one sentence. But it takes time and effort. Do not like or too lazy to read credible facts - don’t read it. Sweet dreams.

Beach Fanatic

Dec 8, '19 · 7:10 PM#2231

State laws govern tourist tax spending with a high percentage for advertising and marketing. I suppose there are ways to better spend. But as long as tourism is main biz then heads in beds will likely prevail. We used to have leaders who cared about the environment. But none of them would barb wire beaches or hire lawyers to shut them down.

Beach Fanatic

Dec 9, '19 · 12:36 PM#22321

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Beach Fanatic

Dec 9, '19 · 12:40 PM#2233

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This beachfront owner should be ashamed of himself! This eyesore has been like this for many years and only getting worse plus the signs say private property! Location is east of Blue Mountain Beach access

Beach Fanatic

Dec 10, '19 · 7:35 AM#2234

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How can beachfront owners defend illegal seawalls when we see this on our beaches? Surely they are accumulating liens every day on this property by Walton County Code Enforcement! Right!!??!!

Beach Lover

Dec 10, '19 · 7:44 AM#2235

Has the county had a response in regard to these properties? What is the standard course of action to get the property owners to make the necessary improvement / cleanup? Both properties seem to be "somewhat vacant" when you go past the street side.

Beach Comber

Dec 10, '19 · 7:46 AM#2236

Oh Dear,

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Why would you even care if a Twitter account with only 21 followers was temporarily restricted? I was easily able to view Beprow's Twitter with one tap. And wow. So glad I did.

Edited Dec 10, '19 · 8:27 AM

Beach Fanatic

Dec 10, '19 · 8:44 AM#2237

Has the county had a response in regard to these properties? What is the standard course of action to get the property owners to make the necessary improvement / cleanup? Both properties seem to be "somewhat vacant" when you go past the street side.

Last I saw Walton codes state that any seawalls, geotubes, etc be completely covered in approved white sand. Also properly permitted which requires extensive permitting with the state of Florida. Most of the seawalls built circa 2005-2006 were never covered properly or had all or parts of them exposed.

Aside from the eyesore and pollution, imagine all that jagged rusted metal all up and down our beaches after the next big one. Criminal!

And beachfront owners have the nerve to say they own and protect the beach. Pitiful.

Beach Lover

Dec 10, '19 · 9:01 AM#2238

"And beachfront owners have the nerve to say they own and protect the beach. Pitiful."

My MAIN point was trying to find a direction for resolution about the eyesore that these two properties show.

Regarding your unnecessary "jab", I am a BFO. And I continue to put up fencing / vegetation to promote growth and beach protection.

AND as a beachfront owner, I am used to going on the beach and pick up cans, trash, fish hooks, etc... from those who come on my property and leave it behind.

Try sticking to the main subject of finding a remedy to improve those properties.

Beach Comber

Dec 10, '19 · 9:56 AM#2239

The upside of FBFA's attorney's newfound twitter fame is perhaps they will get enough donations now requiring more reporting details to the IRS. That will be so interesting to see where their money goes. As if we don't all already have our suspicions.

Then again, it's really easy for the Huckabee hate club mob to click "follow". But will they make donations? So interesting to see the FBFA leadership now try to use their attorney's new Twitter fame as a platform to plea for donations. For legal expenses. Like we didn't see that coming.

Edited Dec 10, '19 · 10:40 AM

Beach Fanatic

Dec 10, '19 · 10:53 AM#2240

"And beachfront owners have the nerve to say they own and protect the beach. Pitiful."

My MAIN point was trying to find a direction for resolution about the eyesore that these two properties show.

Regarding your unnecessary "jab", I am a BFO. And I continue to put up fencing / vegetation to promote growth and beach protection.

AND as a beachfront owner, I am used to going on the beach and pick up cans, trash, fish hooks, etc... from those who come on my property and leave it behind.

Try sticking to the main subject of finding a remedy to improve those properties.

Thanks SUP View..my ONLY reason for posting the photos was to get some feedback on what steps we residents can take to get Whoever it is that should be enforcing what needs to be done by these owners to remedy this mess. The Beach along Blue Mountain is so beautiful but when you enter the beach at that access...it’s the one up from the creamery...it’s disgusting. I had family in town for Thanksgiving and when we went down to the beach they asked why in the world this was allowed. I had to say to them we have a huge lack of enforcement when It comes to MANY issues on the beach..So who do we contact to get some ACTION??

Beach Fanatic

Dec 10, '19 · 3:32 PM#2241

Thanks SUP View..my ONLY reason for posting the photos was to get some feedback on what steps we residents can take to get Whoever it is that should be enforcing what needs to be done by these owners to remedy this mess. The Beach along Blue Mountain is so beautiful but when you enter the beach at that access...it’s the one up from the creamery...it’s disgusting. I had family in town for Thanksgiving and when we went down to the beach they asked why in the world this was allowed. I had to say to them we have a huge lack of enforcement when It comes to MANY issues on the beach..So who do we contact to get some ACTION??

Thanks for posting this. Sad that any property is allowed to fall into this kind of disrepair regardless of where it is. It appears that the one with the rusted metal is for sale. Hopefully, someone will purchase it and make repairs.

Beach Fanatic

Dec 11, '19 · 5:44 AM#2242

Thanks SUP View..my ONLY reason for posting the photos was to get some feedback on what steps we residents can take to get Whoever it is that should be enforcing what needs to be done by these owners to remedy this mess. The Beach along Blue Mountain is so beautiful but when you enter the beach at that access...it’s the one up from the creamery...it’s disgusting. I had family in town for Thanksgiving and when we went down to the beach they asked why in the world this was allowed. I had to say to them we have a huge lack of enforcement when It comes to MANY issues on the beach..So who do we contact to get some ACTION??

I suspect the DEP is your best bet, but they aren't the epitome of enforcement either. One little bit of consolation is that a considerable number of retaining/seawalls are made of a composite material that doesn't rust.

Beach Comber

Dec 11, '19 · 7:38 AM#2243

Everyone agrees there are isolated problem areas along our beaches. Different conflicts crop up over the years, and they always will. Each problem needs to be addressed specifically and individually. But...

Is that any reason to sue thousands of innocent homeowners to confiscate their private property without compensation and turn the commercial control of their private property over to Walton County? Tell me, how much do you trust the ever-changing leadership, historical record, and ethical intent of the local government? Do you ever put yourself in the shoes of a BPO and think about it in these terms? The large numbers of defendants who are paying monthly legal fees certainly do. And we're talking millions of dollars have already been spent, before the motions to dismiss can even be heard, by a court that is dragging its feet, and plaintiffs who are either unmotivated or incompetent in even correctly noticing the defendants. They bit off more than they can chew. And they know it.

Because of isolated problems like this seawall, or some grumpy old man, is that any reason to divide thousands of neighbors, with a tabloid-driven social media circus filled with such complete misrepresentations and outright falsehoods, and with a direct campaign of such true hatred, that knows no bounds? But hey, the anti-social media activists are going to learn eventually, that growing Twitter followers doesn't mean anything in a court of law. But at what cost? Such deep, painful cultural damage... born out of injustice in the court of public opinion.

Edited Dec 11, '19 · 8:03 AM

Beach Comber

Dec 11, '19 · 7:57 AM#2244

Why would you even care if a Twitter account with only 21 followers was temporarily restricted? I was easily able to view Beprow's Twitter with one tap. And wow. So glad I did.

I see Dave deleted his screenshot of the Beprow Twitter page. Gee... I wonder why.

Beach Lover

Dec 11, '19 · 8:00 AM#2245

Good points Alex Miles.

I agree with the opinion of many along 30A, BFO's and non-BFO's, that the whole CU push is losing steam. The law and facts will supersede group-think emotion. The educated people on both sides of the issue realize the incredible county tax dollar waste with the lawsuit, the seemingly unwillingness of the WCC to work toward a compromise, and the reality that there is plenty of beach for everyone. It really is unfortunate that the WCC selected this path.

Beach Fanatic

Dec 11, '19 · 8:15 AM#22468

outofadream Mary B. (name posted in other SoWal forums), just a few questions, respectfully;

What does the beachfront property condition, judged good or bad by you are anyone else, have to do with CU? This is not a thread on code enforcement. Suggest starting a new different thread so as not to side track this thread.

The thread, originally titled “Customary Use Will Destroy Our 30A Legacy”(1), is about the ancient English common law of public customary use of private property (CU), the impact on local area beachfront property rights (BPOs are “de novo” Defendants) and pubic use, and the Credibility of CU private property and public beach use of private property beliefs.

In your photos can you or any believer show any Government authority has charged any BPO in violation of any law or regulation today; other than your and other believer’s opinions? Do you think posting the owner’s property and ranting on social media is useful or helpful except to dox the property owner without the facts? Maybe there is not any legal violations, maybe there is, but lets have facts and not internet rants? #414 “I’m struck by how unverified opinions and beliefs in online forums ...” Customary Use and Our 30A Legacy

The property looks to be for rent, not for sale, but you or anyone can make an offer to purchase and choose to do what they wish with the property. To share the dry sand or not, to post First Amendment protected signs or not, to invest in new improvements or not, or give the property fee simple to Walton County and the “public” or not (the public can not own property). But the owner does not have the choice to pay Walton police power mandated taxes or not without legal consequences. Walton Police Powers may be able to tell owners How to use their private property but not WHO can use their private property (per USA Constitution and FS163.035).
2 BMB Access Rental Deck.jpg

It has been well establish by the court and publicly available legal documents that none of the BMB beachfront to the MHWL is public property on the original plat; including the 70 foot wide platted road (now Hwy 83) that ends Before the “BEACH” on the west side of the plat where the “public” beach access is today. Would be interesting to determine how this 70 foot wide beach was conveyed to the Walton County. The BMB1 owned platted BEACH is legally accessible to the BMB Subdivision No. 1 Owners only. #2072 Customary Use and Our 30A Legacy
1948 BMB1 Plat.jpg

(1) A legacy the past 20 years before Walton Commissioners’ TDC started taxing tourist and spending $20,000,000 annually to bring the public masses to the area but never thinking about the impact on the local quality of life or infrastructure. Just the tourist $$$$.

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1948 BMB1 Plat.jpg

Beach Fanatic

Dec 11, '19 · 12:09 PM#2247

The current owner of that property is responsible for the code compliance of the property. The county should add fines every day. Fines become a lien on the property and it can't be sold until the lien is paid.

Beach Comber

Dec 11, '19 · 12:47 PM#2248

Bob1, those kinds of specific suggestions are much more appropriate than just blindly and expensively suing everyone on the coastline without even approaching any other homeowners with any other options offered. But the activists got everybody worked up in an emotion-filled hysterical frenzy. Social media censorship helped them promote their cause tremendously, with such unreasonable one-sided viewpoints disseminated, that very poor choices have been made by the county.

Beach Fanatic

Dec 11, '19 · 1:18 PM#2249

outofadream Mary B. (name posted in other SoWal forums), just a few questions, respectfully;

What does the beachfront property condition, judged good or bad by you are anyone else, have to do with CU? This is not a thread on code enforcement. Suggest starting a new different thread so as not to side track this thread.

The thread, originally titled “Customary Use Will Destroy Our 30A Legacy”(1), is about the ancient English common law of public customary use of private property (CU), the impact on local area beachfront property rights (BPOs are “de novo” Defendants) and pubic use, and the Credibility of CU private property and public beach use of private property beliefs.

In your photos can you or any believer show any Government authority has charged any BPO in violation of any law or regulation today; other than your and other believer’s opinions? Do you think posting the owner’s property and ranting on social media is useful or helpful except to dox the property owner without the facts? Maybe there is not any legal violations, maybe there is, but lets have facts and not internet rants? #414 “I’m struck by how unverified opinions and beliefs in online forums ...” Customary Use and Our 30A Legacy

The property looks to be for rent, not for sale, but you or anyone can make an offer to purchase and choose to do what they wish with the property. To share the dry sand or not, to post First Amendment protected signs or not, to invest in new improvements or not, or give the property fee simple to Walton County and the “public” or not (the public can not own property). But the owner does not have the choice to pay Walton police power mandated taxes or not without legal consequences. Walton Police Powers may be able to tell owners How to use their private property but not WHO can use their private property (per USA Constitution and FS163.035).
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It has been well establish by the court and publicly available legal documents that none of the BMB beachfront to the MHWL is public property on the original plat; including the 70 foot wide platted road (now Hwy 83) that ends Before the “BEACH” on the west side of the plat where the “public” beach access is today. Would be interesting to determine how this 70 foot wide beach was conveyed to the Walton County. The BMB1 owned platted BEACH is legally accessible to the BMB Subdivision No. 1 Owners only. #2072 Customary Use and Our 30A Legacy
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(1) A legacy the past 20 years before Walton Commissioners’ TDC started taxing tourist and spending $20,000,000 annually to bring the public masses to the area but never thinking about the impact on the local quality of life or infrastructure. Just the tourist $$$$.

Hey Florida beach bum… I posted it on this thread because I knew I could reach a lot of people who are following all of the ranting...including yours...over the last several months...Take a look at what you just wrote...king of rants LOL I’m not partial to either side in this craziness called customer use versus beachfront owner. It’s gotten insane. Anybody who values these beautiful beaches must agree that these unsightly Seawalls and other issues on OUR BEACHES need to be addressed and enforced. Just Saying...smile you won’t crack your face

Beach Lover

Dec 11, '19 · 3:12 PM#2250

Rachael, please don't take my questions as disrespectful because that is not my intent but I am wondering about the "truth" relevant to beach use. On your parcel do you put up fence or other means of delineating a private specific use? If not then how would you expect a beach user to interpret your private specific use? Is so can you provide pictures or would you sign an affidavit? I only ask this question of you because it is not fair to judge those that signed affidavits as to general public recreational use if there were no fence to establish specific private use. It is important to know why you feel that your parcel was used for private use and never had a public recreational use. Tax documents and deeds do not establish use so you will need another way to establish a specific private use. Just my opinion of course and I am not an attorney. I base my opinions on common sense and that is the reason I am being attacked by the power brokers. I have been called all sorts of things only because I disagree or require more information. I can handle the attacks but it is just not civil and I hope we as a community do not stop from trying to be civil. That goes for both sides.

Because for twelve years there has been someone on the beach explaining proper use. That’s why