I take every attorney's words with a block of salt.
The reason I often use the Property Appraiser's website as my first source for data is due to it being the quickest resource for much information and I usually find it fairly accurate, though I often find mistakes. I do not care to read the legal descriptions and dedication language in subdivision plats to find out a quick answer to these things for general reference. If I were looking for the most accurate information for business reasons, I would certainly cross reference several sources. However, this is a bulletin board and all of my information should be verified if it is important to you. Thanks for bringing up this matter of correction. I do have a question for you of which I am not certain of the answer. You seem to know a bit more about owning Gulf-front than I, so give it a whirl. I was always under the impression that the public is legally able to walk across private beach property, as long as they do not stop to loiter. It sounds like from your statement that this is not the case. Is this correct, and can you give me a source to verify?
I think you may be on to another backing reason for commercial use on this property, but if they dedicate the beach for public use, any services on the beach no longer relate directly to that parcel. Right?That would fall under County jurisdiction of Beach Service Vending Licenses I think. If they kept the beach, then, I think your argument may be more accurate.
"Thanks for bringing up this matter of correction."
SJ, as long as the truth is revealed regarding what is public vs. private property, no need to explain why your assumption was incorrect. While we're at it and since you mentioned it before, what about that public access you think exists next to Grande Beach?
"I was always under the impression that the public is legally able to walk across private beach property, as long as they do not stop to loiter. "
If that was true, the same logic would then hold for people going through your home. What is the difference? Ask an attorney. Remember if you do, besides the block of salt thing
Recall that Brad Zeitlin stated they had a right a right to use their property on the beach without any approvals from the county (during the public community meeting). He also stated they could legally access this part of the beach by going down the 83 access, walking to the water's edge, traverse west, then back north on to their property.
Regarding RFV giving the sandy part of the beach to the county, I guess you're correct about the commercial aspect possibly being negated somewhat BUT ONLY on the beach itself and to the extent of the activity. Also remember, for what it's worth, at the same time, RFV owners lose any private claims they may have to that "sand", perceived or promised. They can not then exclude the general public from the sand in front of their "private beach access" whatsoever.
The developers will eventually walk away from this thing. The owners may eventually find themselves asking why they must compete for "umbrella space" in front of their private access with the general public who will no doubt be moving on to that section of the beach from the 83 beach access.
I am not an attorney but I did sleep at a ..... oh never mind.
That would fall under County jurisdiction of Beach Service Vending Licenses I think. If they kept the beach, then, I think your argument may be more accurate.
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