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wrobert

Beach Fanatic
Nov 21, 2007
4,132
575
63
DeFuniak Springs
www.defuniaksprings.com
Regarding the photo link posted by yippie; I have no sorrow for the owners of jetty east. It appears that they built at least 50' closer to the water than anyone else visible in those pictures. They made their own bed and get to live with it, as does anyone else who wants to walk that stretch of beach at high tide. how appropriate a name, as when the building begins to tumble, it will indeed become a jetty, and removal of same will never be financed by those responsible.

and we're questioning proactive code enforcement??


Maybe they built there first and when the others came and saw what was happening they built back, or the whole thing took place after the CCL was established. What has that got to do with proactive code enforcement?
 

BeachSiO2

Beach Fanatic
Jun 16, 2006
3,294
737
From this link....

[FONT=arial,helvetica,sans-serif]The Court also cited another important Florida case (Sand Key Assocs., 512 So. 2d at 936) which provided, "Riparian and littoral property rights consist not only of the right to use the water shared by the public, but include the following vested rights: 1) the right of access to the water, including the right to have the property's contact with the water remain intact; 2) the right to use the water for navigational purposes; 3) the right to an unobstructed view of the water; and 4) the right to receive accretions and relictions to the property." [/FONT]

Thanks.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
I believe you've claimed you're not a lawyer. This is an opinion of the Pacific Legal Foundation which I feel somehow has a better handle on the law than you do. Take your argument up with them, not me. I gave you the link in my last post.
It's a brief by a third party, not a legal opinion, and it doesn't answer my question of how it "cuts off access to the water," as it states.
 

John R

needs to get out more
Dec 31, 2005
6,780
828
Conflictinator
Maybe they built there first and when the others came and saw what was happening they built back, or the whole thing took place after the CCL was established. What has that got to do with proactive code enforcement?

maybe the ice cream man likes to go there first.
maybe they thought that being closer to the water would fuel sales faster. regardless, they are where they are, affecting everyone around them.
jetty east was completed in 1975.
regarding proactive code enforcement; if we had it, a lot of what is discussed in this forum wouldn't need to be.
 

scooterbug44

SoWal Expert
May 8, 2007
16,706
3,339
Sowal
I vote we send all the lawyers and "private" beach owners out to the beach during the next hurricane.

They can't leave until they come to an agreement of 30 words or less.........or until Mother Nature ends the discussion and solves the problem for us ;-).
 

hnooe

Beach Fanatic
Jul 21, 2007
3,022
640
" My children, don't waste your time on looking for expensive quantites of so-called "matching white sand" to replace what I temporarily took away in the first place!

...Who do you think you are, me? As with all things, I will return the sand to you, my children, on my time at my own speed, not on the time of self serving, nuerotic humans like yourselves! Your laws do not apply here!" --God.[/quote]
____________________________________________________________
____________________________________________________________

Now, you are really making me angry now, don't make me repeat myself....God.:angry:
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
WaltonGOP, I understand what you are saying, but that is not what they wrote in the brief. They were specific.
 

BeachSiO2

Beach Fanatic
Jun 16, 2006
3,294
737
It does not kill access per se, it kills access to the water without leaving land that you own. If you deed says you own to the high water mark, they move the high water mark with the addition of public monies, then take the sand that the public buys, this conflicts with the deed. Who would have ever thunk it?

Actually, this is one of the MAJOR areas of confusion. It's not about who pays. If it was then the owner "could" pay for their sand if that is what everyone wanted. It's about filling in state-owned properties, i.e. lands below the current MHW location, and then transferring ownership to a private owner (i.e. lands held in common good for state given to upland owner) This is why it's in the Supreme Court and why the takings argument is being used.

One question I have is that if it is determined to be a takings, could the $100 beach purchases in Blue Mountain from September 2007 be used as comparables.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,383
413
It's a brief by a third party, not a legal opinion, and it doesn't answer my question of how it "cuts off access to the water," as it states.

Amicus Curiae

Definition: Latin term meaning "friend of the court". The name for a brief filed with the court by someone who is not a party to the case.
"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest."


SJ, you must be a bigger "friend of the court" as you'll try to discredit everything and everyone that doesn't agree with you. I simply made reference to their brief and then you say it's just a brief.

Their brief is their position as per their interpretation of the law. Somehow I just have to believe they know the law a tad better than you.

If there was no basis to this entire argument as you suggest (customary use and all), why is the case of Save Our Beaches vs. Walton County all the way to the Florida Supreme Court? So far, the District Court of Appeals upheld their position.

Deny what you want.

And ask your question, "how it cuts off access to the water" to a lawyer who is well versed in this area as any I answer I would give you could not possibly be right since I already answered it. But that's status quo with you.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,383
413
Actually, this is one of the MAJOR areas of confusion. It's not about who pays. If it was then the owner "could" pay for their sand if that is what everyone wanted. It's about filling in state-owned properties, i.e. lands below the current MHW location, and then transferring ownership to a private owner (i.e. lands held in common good for state given to upland owner) This is why it's in the Supreme Court and why the takings argument is being used.

So the 60 million dollar question is do our beaches need renourishment bad enough at this moment in time to justify the expenditures? Or does the county just want to try and accelerate the "takings"?

One question I have is that if it is determined to be a takings, could the $100 beach purchases in Blue Mountain from September 2007 be used as comparables.
You forgot all those :D:D:D.
 
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