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John G

Beach Fanatic
Jul 16, 2014
1,803
553
Kudos to the owner for protecting his Private Property.


http://www.wjhg.com/home/headlines/...idents-Split-Over-Beach-Access-296797901.html



walton+beach.JPG


WALTON COUNTY-- If you plan on visiting South Walton Beach you may want to be careful where you sit. It could land you in jail. A property owner has blocked off the area near his home, and says it's trespassing if you encroach upon it. As the weather warms up, many people are resting up on South Walton Beach and one thing that's probably not on their minds is trespassing.


"It's very inconvenient for those people," said resident Vickie Erickson. "They should be able to use any part of the beach. I just don't think it's right."


But the homeowner of a property along Fort Panic Road has blocked off their property from public use all the way into the Gulf of Mexico.


"I love it. I think it's a great idea," said neighbor Bryan Irwin. "Before he built it, everybody from the public beach was coming down and fishing and hanging out and so he built it to keep them out of here."
But Walton County Sheriff's Office officials say if people set up in the wet sand they are not trespassing. However if they're near the home or dunes they could be charged, and if they are somewhere in the middle it depends on the situation.


"Just because they have a house on the beach, you know if it was secluded where they're wasn't so many people like there is here it would be different, but it's not. This is a public beach and they should not be allowed to do that," explained Erickson.


Even though it is a public beach, private properties do sit next to it and officials say property owners are allowed to block off a limited amount of land.


"It's not public property. I guess the perception is it's public, but it's not. So it's all private. Before the fence, all the public beach people were coming down and you'd come out in the morning and your spots are taken," said Irwin.


A judge sided with the property owner after the county issued them citation for blocking off the area behind their house. The homeowners said they're not breaking any laws.
 
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jodiFL

Beach Fanatic
Jul 28, 2007
2,476
733
SOWAL,FL
he only owns to the mean high water line... the State of Florida and its residents and guests are the Sovereign owners of the land south / seaward of that line. (read section 161 of the Florida Statutes for more info)
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
Who's the judge that's so stupid he doesn't know or didn't find out that all the land south of the HMWL belongs to the public of Florida. And if we did the right thing, it would be like California and declare all beaches public to the toe of the dune or a similar line.
 

m1a1mg

Beach Fanatic
Mar 16, 2014
914
285
Lost in the world
Horse poop. I'd really like to know who that judge is as well. I've been tempted, more than once, to remove the poles on the seaward side. I note that the Sheriff's office knows what is right. The reporter needs to dig a bit deeper.

Jeff Mc, just as long as you protect what is truly private property, I have no gripe. But that person has poles that are set south of the MHWL.
 

Lake View Too

SoWal Insider
Nov 16, 2008
6,872
8,316
Eastern Lake
So, how hard is it to pull up the posts seaward of the MHWL? If someone would just do that, I doubt he would do anything. If he did then he would be "breaking the law". If everybody does nothing, he wins.
 

steel1man

Beach Fanatic
Jan 10, 2013
2,291
659
So, how hard is it to pull up the posts seaward of the MHWL? If someone would just do that, I doubt he would do anything. If he did then he would be "breaking the law". If everybody does nothing, he wins.
one big storm surge will remove the two in the surf.
 

jodiFL

Beach Fanatic
Jul 28, 2007
2,476
733
SOWAL,FL
from the looks of it , one big surge would remove his house....problem solved...
 

Joby

Beach Lover
May 12, 2010
192
52
Best quote of the article "I love it. I think it's a great idea," said neighbor Bryan Irwin. "Before he built it, everybody from the public beach was coming down and fishing and hanging out and so he built it to keep them out of here."

Fishing and hanging out, wouldn't want that to happen on the beach
 
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The parcels on this street don't go all the way to the Gulf. Just look at the plat maps at http://qpublic6.qpublic.net/qpmap4/...461&layers=parcels+parcel_sales+aerials+roads. (This is all public information so I'm not revealing anything that you couldn't look up yourself via the county website and the fact that a photo of this house was on the PC news report). Like others have said, these property owners only own to the mean high water line. But for any legal action to be taken against beach-goers, lawyers have posted on sowal.com/bb that that the property would have to be surveyed many times to determine where the mean high water line is.
 

seabythegrove

Beach Fanatic
Nov 16, 2012
479
155
Who's the judge that's so stupid he doesn't know or didn't find out that all the land south of the HMWL belongs to the public of Florida. And if we did the right thing, it would be like California and declare all beaches public to the toe of the dune or a similar line.
Do we really want to be like California?
 
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