Please cite your source. Thank you.Florida Supreme Court has ALL ready passed Customary Use of all Florida sand..
Please cite your source. Thank you.Florida Supreme Court has ALL ready passed Customary Use of all Florida sand..
The only way to determine the MHWL is by a topographical survey. They are usually only valid for a year because they are based on an 18 year average of the tides. Please dont make me go back and read the entire 161st. chapter of the Florida Statutes to find that paragraph.. LOLPlease cite your source. Thank you.
The only statement that I am questioning is the requirement to produce an updated MHWL survey every single year for beachfront property right enforcement (assuming anything would be enforced). I have only seen the annual "requirement" stated on this site, but not in the Sheriff's SOP or any other official source pertaining to enforcement of property rights on Walton County beaches. Doesn't mean it isn't accurate, but I'd like to have the OFFICIAL document that states the annual requirement.The only way to determine the MHWL is by a topographical survey. They are usually only valid for a year because they are based on an 18 year average of the tides. Please dont make me go back and read the entire 161st. chapter of the Florida Statutes to find that paragraph.. LOL
OOPS my bad that is in section 177....... and this one sentence should put the matter to rest but I doubt it will..
177.28 Legal significance of the mean high-water line
.
--
(1) Mean high-water line along the shores of land immediately bordering on navigable waters is
recognized and declared to be the boundary between the foreshore owned by the state in its sovereign
capacity and upland subject to private ownership. However, no provision of this part shall be deemed to
constitute a waiver of state ownership of sovereignty submerged lands, nor shall any provision of this part
be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida
or its legal predecessors.
(2) No provision of this part shall be deemed to modify the common law of this state with respect to the
legal effects of accretion,
reliction, erosion, or avulsion.
History
.
--s. 4,
ch. 74-56.
Daytona Beach v Tona-Rama, 303 So 2d 9 (1974)Please cite your source. Thank you.
The fact is that "customary use" must be proven.
There is no ordinance establishing customary use in Walton County at this time and that's why the county is spending money to attempt to prove it exists in Walton County.
It's NOT your sand yet and may never be yours !
Time will tell and the courts will decide.
I know some beachfront owners who are really nice people and apparently you do, too. No signs, no running people off the beach or even asking them to move. The worst they have done is to ask people to stay off the dunes they are working on re-building out of their own pockets. I also know some that have put up signs because they were overrun by people due to being near a regional or even a neighborhood access. They are nice people, too, they just want to be respected by the people who use the beach and by the county personnel who make and enforce the rules.Far be it from you to state the obvious Bob. Of course "time will tell and the courts will decide." To the extent that I and others may sway any public influence on the courts I/we will certainly try to do so on the County, State and Federal level if necessary. This issue is far too important to the well being of our coastal economy and our way of beach life than the "property rights" of a few. It has been proven in other States and it may well be proven in our State; if not our beaches will continue to be a place of conflict instead of joy which is unthinkable in my view. Until a few years ago everyone and anyone walked and played on all of our sand without harassment. I and many, many others are willing to fight to keep it that way. "Time will tell"
Time to make a stand in the sand ( All this further expanded upon in this Tallahassee Democrat opinion piece)
I have read it and I agree that the case is very different than our situation here in Walton County. If Tona-Rama had been as clear cut as people represent it, I believe there would already be customary use throughout the state of Florida.Would be helpful for those who keep referencing that decision to actually go and read it. The only reason that that sand was ruled "customary use" was because the owner had been encouraging visitors to visit his pay for use pier that was on the property. I don't believe any of the owners who are currently trying to protect their property rights are also running a lemonade stand on it to encourage visitors to trespass. That decision supports property rights on the beach.