Dave Raushkolb: Customary Use Shouldnʼt Require Defending

[James Bentwood]

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Indian Rock Beach, Fl

Remind me to stay away from those people and that place.

 

[The Sabols]

Nothing screams "Welcome to 30A, our beautiful beaches and friendly locals" more than stay away and private security.

 

[arthur kahn]

Is it possible that the area is being over-marketed and over-developed?

When county commissioners, tourism officials and local business owners start talking about the need for another north-south access road cutting through a pristine state forest alongside wetlands and several osprey nests in order to alleviate traffic, I guess it’s too late to realize that all of the heavy traffic may be due to too much high-density development between 30A and Choctawhatchee Bay.

And that over-development of high density residential/rental areas leads to more and more people on the beaches - beaches which are a limited resource especially in the areas with dedicated public parking and public access, therefore you are going to have inland renters (and residents) faced with crowded, territorial beaches when they come to sit on a towel or to set up a bunch of chairs/umbrellas/tents in adjacent spillover areas in front of private homes/communities.

How did restaurants and local businesses survive before TDC marketing was geographically expanded to every market that had an airport connecting to ECP? Many of the local restaurants (which my family and I enjoy and support) have had 2-hour waits at notable restaurants during peak season for 10-15 years, but I’m hearing that some of them want more high density development, they want Hampton Inn by Eastern Lake, they want it to be “more like Destin or PCB.” Why?

I do know that the state park beaches are some of the most beautiful, unspoiled beaches in the area and day use fees have been waived the last few summers. This seems like an option to avoid all of the private beach wars. But what about some of the larger communities along 30A? Would it be possible for Rosemary Beach, Alys Beach, Seaside, Watersound and Watercolor to open up their parking and beach access to the public? This may have been discussed before, so I’m thinking out loud. It seems like most of the property boundary conflicts involve single residence beachfront homeowners and smaller community HOAs.

I’d love to hear from all sides!

Excellent points on the ill effects of marketing a limited asset which is already saturated with visitors. Seaside's largest, central beach access -- about 30% of SS's total beach -- is and has always been open to the public (including the dry sand). Seaside haters don't seem to acknowledge this. The privately owned SS residential beaches, for which owners paid steep premiums for dry sand the county recorded as non-public, flank the SS public beach The human detritus left daily on the public portion -- hypodermic needles, condoms, animal waste, trash -- is only one reason why the homeowners will maintain their property in its private, deeded private, state. Parking: Seaside is already WAY overcapacity, so that's not a possibility. There is, however, the large county lot adjacent on the west border of SS and parking if it can be found in the business areas and along 30-A in SS.

 

[steel1man]

Nothing screams "Welcome to 30A, our beautiful beaches and friendly locals" more than stay away and private security.
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How can they keep Beach Code Enforcement trucks from patrolling that stretch of beach? Local county laws don't include Vizcaya?

 

[EZ4144]

How can they keep Beach Code Enforcement trucks from patrolling that stretch of beach? Local county laws don't include Vizcaya?

Can you keep them from crossing your lawn? What if they had to in order to get to a heart attack victim?

 

[The Sabols]

[QUOTE="The human detritus left daily on the public portion -- hypodermic needles, condoms, animal waste, trash........"[/QUOTE]

He said for dramatic effect.....

 

[FloridaBeachBum]

Nothing screams "Welcome to 30A, our beautiful beaches and friendly locals" more than stay away and private security.

It's legally Vizcaya' s beautiful beachfront property; not "ours". If uninvited people would respect property rights and not expect rights they do not have - property owners may be more willing to share but that is the owners legal option and if you do not respect that, there are legal consequences - if dutifully enforced.

Emotional ignorance of the facts and law, the vilification of lawful property rights, and self-righteous commissioners and public are the ones creating the misinformation that is the cause of this problem and why the Florida legislature created HB631 now the Florida Statute 163.035 that defines due process rights for property owners BEFORE a local government unilaterally declares private property right of private enjoyment is null and void.

Vizcaya has two public “Beach Access Easements” they own on both sides of their private beachfront property. By definition “Beach Access Easement – the right for neighboring residents to access a public beach, even if the access crosses private property.”
Easement - Definition, Types, Processes and Examples

I’m no attorney but I can educate myself with a little effort. So unless there is some other legal document describing otherwise. The beach access easement is a Right-of-Way to the public beach - which is the beach foreshore seaward of Vizcaya MHWL property boundary. There are no public rights to occupy an easement; just cross it. Ask TDC beach operations Brian Kellenberger. Brian@visitsouthwalton

Maybe I'm wrong about the law but you need to prove it with facts and not emotional ignorance. The blame for this mess is squarely the Walton Commissioners for failing to manage growth in Walton County and now want a quick fix at private property owner's expense.

Walton commissioners and TDC have intentionally not informed the public of the beachfront private property fee simple or easements right-of way rights or that 75% of Walton beaches are private beaches the public must respect. Assistant State Attorney, Greg Anchors, and Walton Sheriff have made political decisions and failed in their duties to enforce the law in affect today and should be held accountable.

I do not blame Vizcaya for hiring security guards to protect their lawful property rights; Constitutional officers of Florida and Walton County won’t.

 

[FloridaBeachBum]

How can they keep Beach Code Enforcement trucks from patrolling that stretch of beach? Local county laws don't include Vizcaya?

Walton County has to obey private property laws just like everyone else - unless law enforcement (not code enforcement) has probable cause before entering private property (just like at your house) or life or health emergency.

 

[FloridaBeachBum]

Can you keep them from crossing your lawn? What if they had to in order to get to a heart attack victim?

He said for dramatic effect ... Come on dude. Show us you have some brains.

 

[EZ4144]

It's legally Vizcaya' s beautiful beachfront property; not "ours". If uninvited people would respect property rights and not expect rights they do not have - property owners may be more willing to share but that is the owners legal option and if you do not respect that, there are legal consequences - if dutifully enforced.

Emotional ignorance of the facts and law, the vilification of lawful property rights, and self-righteous commissioners and public are the ones creating the misinformation that is the cause of this problem and why the Florida legislature created HB631 now the Florida Statute 163.035 that defines due process rights for property owners BEFORE a local government unilaterally declares private property right of private enjoyment is null and void.

Vizcaya has two public “Beach Access Easements” they own on both sides of their private beachfront property. By definition “Beach Access Easement – the right for neighboring residents to access a public beach, even if the access crosses private property.”
Easement - Definition, Types, Processes and Examples

I’m no attorney but I can educate myself with a little effort. So unless there is some other legal document describing otherwise. The beach access easement is a Right-of-Way to the public beach - which is the beach foreshore seaward of Vizcaya MHWL property boundary. There are no public rights to occupy an easement; just cross it. Ask TDC beach operations Brian Kellenberger. Brian@visitsouthwalton

Maybe I'm wrong about the law but you need to prove it with facts and not emotional ignorance. The blame for this mess is squarely the Walton Commissioners for failing to manage growth in Walton County and now want a quick fix at private property owner's expense.

Walton commissioners and TDC have intentionally not informed the public of the beachfront private property fee simple or easements right-of way rights or that 75% of Walton beaches are private beaches the public must respect. Assistant State Attorney, Greg Anchors, and Walton Sheriff have made political decisions and failed in their duties to enforce the law in affect today and should be held accountable.

I do not blame Vizcaya for hiring security guards to protect their lawful property rights; Constitutional officers of Florida and Walton County won’t.

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Appears you've revealed yourself as the angry Vizcaya protector of freedom for AMERICA! Have you had to hit anyone with a baseball bet yet. Or does yelling and cussing do the trick? Your lawyer advise you to hire a guard to keep you out of jail?