Public beach...private beach...whose beach is it anyway? Do all Florida taxpayers support and therefore have rights to enjoy the beach? Do beachfront property owners have the right to move taxpayers off of the sand in front of their piece of paradise, all the way to the water? Will someone, preferably a lawyer versed in the law of the land...or the sand, please site the legal language governing the ownership of the beach. In laymans' terms. We are upon the beginning of "the season," when our beaches will become more populated. Let's ward off any beachwars with a clear understanding of the law.
Where do I sit?
- Thread starter Brianne
- Start date
-
Trouble logging in? Send us a message with your username and/or email address for help.
Some beach front property owners have a deed that reads they own to the "mean high tide" which means they own up to the water. Other beach property owners deeds read to the dune line. So it's not so black and white and I wish it was. It may be best to stick with the many public beach accesses available along 30A, or stay at a house or condo on the beach to avoid ownership issues.
As was stated in past posts, the State of Florida has declared all beaches to be public.
Local deeds to such public beaches therefore would be moot.
Local interest efforts to enforce such are thus an unwarranted usurpation of state authority.
As with the efforts of some to prevent beach augmentation, so it also in this case. The public domain can not be approached on.
Now,....with a good lawyer and plenty of time and funds, even local authorities can be made to accept State Laws. Supremo's ?
Anyone for a "sit-in".
Local deeds to such public beaches therefore would be moot.
Local interest efforts to enforce such are thus an unwarranted usurpation of state authority.
As with the efforts of some to prevent beach augmentation, so it also in this case. The public domain can not be approached on.
Now,....with a good lawyer and plenty of time and funds, even local authorities can be made to accept State Laws. Supremo's ?
Anyone for a "sit-in".
Cite me the decision that says ALL Florida beaches are public, please. I am for public beaches but our deed, as do many on Blue Mountain Beach, say the homeowners own the beach. We have been fighting this issue ever since the Retreat put up signs saying private beach and hired a security guard. You are right on one point. The way the law is written it is almost, if not totally, impossible to enforce.
The ancient Doctrine of Customary use has been affirmed by the Suppreme Court of Florida in 1974, even if just fore the property in the case. See: City of daytona v. Tony Rama Inc.
Beachews around here have been used by the public since forever and only the will and means to sue for this right lets those with a deeded beach exclude the public.
A deed by itself does not mean the exclusive right to the beach, as the coastal construction line similarly limits the right of the deed holder.
beaches are public, please. I am for public beaches but our deed, as do many on Blue Mountain Beach, say the homeowners own the beach. We have been fighting this issue ever since the Retreat put up signs saying private beach and hired a security guard. You are right on one point. The way the law is written it is almost, if not totally, impossible to enforce.
Beachews around here have been used by the public since forever and only the will and means to sue for this right lets those with a deeded beach exclude the public.
A deed by itself does not mean the exclusive right to the beach, as the coastal construction line similarly limits the right of the deed holder.
beaches are public, please. I am for public beaches but our deed, as do many on Blue Mountain Beach, say the homeowners own the beach. We have been fighting this issue ever since the Retreat put up signs saying private beach and hired a security guard. You are right on one point. The way the law is written it is almost, if not totally, impossible to enforce.
Last edited by a moderator:
I will sit where I want and let them call the law if they like. Kicking someone off the beach is as bad as taking candy from a baby. BAD PR.
I say sit wherever the hell you want.
Unless they paid to clean up their "private" beach post BP, it's reason #432 why all the beaches should be public.
Unless they paid to clean up their "private" beach post BP, it's reason #432 why all the beaches should be public.
They'll scream private beach until they want sand, cleanup, or tax dollars to rebuild their ill advised purchase.
[/quote]
Hans,
I checked today for further replies to my original post. I thank you for the ones you submitted. Are you an attorney, or have you studied the subject enough that you feel you understand the results of the actions to date? Again, I want to respect the rights of beach front property owners, but don't want to be bullied into moving away from the beach frontage (and in our case there is a very,wide beach,) if they legally have no more right to it than I, as a state and county tax payer. I can sympathize (but still don't like the idea of Private beach,) with those who own beach front property where the beach is very narrow but that is definitely not the case at the part of the beach I am speaking of.
I checked today for further replies to my original post. I thank you for the ones you submitted. Are you an attorney, or have you studied the subject enough that you feel you understand the results of the actions to date? Again, I want to respect the rights of beach front property owners, but don't want to be bullied into moving away from the beach frontage (and in our case there is a very,wide beach,) if they legally have no more right to it than I, as a state and county tax payer. I can sympathize (but still don't like the idea of Private beach,) with those who own beach front property where the beach is very narrow but that is definitely not the case at the part of the beach I am speaking of.