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Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
redneck_baby_time_out.jpg

BMBV, I'm placing you in Red Neck Time Out.
 

John R

needs to get out more
Dec 31, 2005
6,777
819
Conflictinator
From the 5DCA:
"Florida's Supreme Court first recognized the public's "customary" right to the use of Florida's privately17 owned dry sand beaches in the Tona-Rama decision. 294 So. 2d at 74. There the court said:
"The beaches of Florida are of such a character as to use
and potential development as to require separate
consideration from other lands with respect to the elements
and consequences of title.
The sandy portion of the beaches
. . . [have] served as a thoroughfare and haven for fishermen
and bathers, as well as a place of recreation for the public.
The interest and rights of the public to the full use of the
beaches should be protected.
294 So. 2d at 77. The court recognized that the public may acquire a right to use the sandy area adjacent to the mean high tide line by custom when ?the recreational use of
the sandy area . . . has been ancient, reasonable, without interruption and free from dispute . . . .? Id. at 78
.

(A period of twenty years was specifically defined as "ancient." )

Thank you for the research Smiling JOe. This looks like a pretty thorough determination of customary use to me. Nothing, of course, will satisfy the previous poster. He will continue to act out in a troll like manner and attempt to bait you. Remember, trolls always need the last word, and this one is behaving true to form.
 

Busta Hustle

Beach Fanatic
Apr 11, 2007
434
34
BMBV, do you think it would be a good idea for neighboring beach front owners to get together and share walkovers? I am addresing this point because i truly believe that 1.they are ugly and detract from the natural beauty of the forward dune system and 2. they are expensive to remove from the beach as was done twice for many if not most of them in 04/05 after storms.

If you already do this then BRAVO. If this is not an option in your case for some reason then might you consider a path type walkover instead of a large wooden structure?

How do you feel about the 3 county vehicles a day driving on your beach?
i think many residents, beach owners and non owners feel the tire tracks detract from the natural beauty, are dangerous to a small degree, and are not the best way to serve the beaches.
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
You asked BMBV the above question but I am going to put my two cents worth in. The liability factor alone makes it questionable to combine walkovers. Not only that, but you really are violating private property rights when you allow anyone to access the beach through their property. There is no "customary use" doctrine application in this case. I spend a good deal of time, at my advanced age, sitting on my walkover enjoying the sea life, birds, people playing on the beach, kites, dolphins, sunsets and sunrises and a myriad of other things. The feeling of comfort and solitude is one of the many things I have worked for all my life and I find it is greatly magnified by relaxing on our walkover. And you want me to give this up? About the vehicles. No, it doesn't bother me that they use the beach since they do much more good than harm. They pick up the trash left on the beach if the tourists are responsible enough to put them in the containers supplied by the TDC. In the summer, often the truck pulls a leveler (can't think of the correct term) behind the truck to smooth the sand. The beaches would be a much bigger mess without the trucks. Our safety at the beach is also part of the traffic on the beach as the sheriff's dept. and safety personnel also drive on the beach. BH, with all due respect, it would appear you do not live on the beach and have little understanding of the joys and problems doing so.
 

John R

needs to get out more
Dec 31, 2005
6,777
819
Conflictinator
regarding vehicles on the beach. it seems it would be much less efficient to have any service vehicles/work using the public accesses to get naything done and remove trash. If all the vehicles pulled a leveler/weighted screen behind them, i'm sure the visual/safety factor would be greatly reduced.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,305
386
BMBV, do you think it would be a good idea for neighboring beach front owners to get together and share walkovers? I am addresing this point because i truly believe that 1.they are ugly and detract from the natural beauty of the forward dune system and 2. they are expensive to remove from the beach as was done twice for many if not most of them in 04/05 after storms.
Yes, it is a good idea. But this typically works when 2 ADJACENT properties share a walkover that is built on the property line. That way each neighbor does not have to cross over the other's property. I know of two occasions near me in BMB where this is done. Old Florida Beach is another example of "community" walkovers (there are others). However this should only be a "voluntary" thing. Hopefully the economics and aesthetics would encourage more of it. But then you may have a neighbor you don't get along with, and ANDY A's desire for solitude, becomes fully understandable to want your own walkover.

If you already do this then BRAVO. If this is not an option in your case for some reason then might you consider a path type walkover instead of a large wooden structure?
A structure (stairs) is the only practical way to access the beach from our elevation.

How do you feel about the 3 county vehicles a day driving on your beach?
Bugs the heck out of me!

i think many residents, beach owners and non owners feel the tire tracks detract from the natural beauty, are dangerous to a small degree, and are not the best way to serve the beaches.
I see no need for the sheriff to routinely patrol the beach. It's just a bad use of manpower and a waste of fuel. And in my opinion, it does not help Walton County's image, in light of the private/public beach issues. An UNSCHEDULED patrol every now and then would be just as effective.

Also, trash pickup should be scheduled to minimize the number of runs needed to prevent garbage from overflowing.


We go to the beach to get away from our everyday lives not to be reminded of it.
 

Busta Hustle

Beach Fanatic
Apr 11, 2007
434
34
Andy I see what you are saying and agree with some of your ideas.
Is your enjoyment of all you see, hear, feel, smell and taste during you beach time enhanced because you are sitting on a large wooden structure?

My idea is based on my hippocratic oath to first do no harm. And secondly if doing NO harm is not possible to do as little harm as possible. Now i know there are those including experts that feel a path type walkover would do more harm that wooden polls sunk 10 or 20 feet into the dune system and weighing thousands of pounds. Even after those have been ripped out from time to time. I believe their idea is that constant foot traffic is more harmful. I fail to see how but they may be right. I was told that our geologic makeup is a rather shallow covering of white sand over the more iron laden orange layer. If that is so then the fix for a worn path walkover is to top it off with a little more beautiful white sand. While the fix for a destroyed wooden walkover is to first remove all the beach strewn debris, repair the dune , rebuild the structure and then to top the affected areas all off with some more beautiful white sand.

I just feel my idea is 1. more aesthetically pleasing. 2. less costly in construction and maintenance. 3. less harmful in reality(debatable) i understand

Is it possible that two or more neighbors who do not use their properties as rentals and are beyond the days of confrontation and litigation could combine their walkovers and do less harm? And is it possible that the "PUBLICLY" owned walkovers maybe even just a few would be practical and efficient as path type walkovers.

Andy i am here in no way to change your private property rights or beach enjoyment. And i am not envious or judgemental of your beach front dwelling. Change was inevitable and not even a bad thing. I just picture the beaches of sowal as they were before the days of marketing and development of houses and walkovers. It was a beautiful sight. One children can only imagine. Picture you beach walk with only path type walkovers along the way.

And really all i am saying is that from time to time new, old ideas can change things for the better for all of us.
 
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Smiling JOe

SoWal Expert
Nov 18, 2004
31,648
1,773
Yes, it is a good idea. But this typically works when 2 ADJACENT properties share a walkover that is built on the property line. That way each neighbor does not have to cross over the other's property. I know of two occasions near me in BMB where this is done. Old Florida Beach is another example of "community" walkovers (there are others). However this should only be a "voluntary" thing. Hopefully the economics and aesthetics would encourage more of it. But then you may have a neighbor you don't get along with, and ANDY A's desire for solitude, becomes fully understandable to want your own walkover.
...

Andy A. touched on it. One big issue with sharing a common walkover is the private property issue of establishing permission for others to use your own property. In addition, the neighbors would likely share the costs of the structure, which could imply some encroachment issues. This ties nicely into what we've been saying about the Customary Use of the "privately deeded" beach, by the public.
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
BH, you may be right about paths instead of walkovers but I seriously doubt it and we have "Don't walk on the Dunes" signs everywhere as recommended by SWCC, TDC, FDEP and other environmental groups. I, personally, yell at every kid I see climbing on the dune above the toe of it. Also, we and other beach front owners, have spent thousands of dollars to re-build the dunes and plant sea oats and other vegetation on the dunes. As I said previously, there is much more to living on or in close proximity to the beach than meets the eye and yes, it is expensive, much more than I and others anticipated when we bought our place, which in my case, was long before all this bru-ha-ha started.
 
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