Suggestion. Merge this thread with Customary Use Will Happen On Sowal Beaches
The bill is still a bill and has to be voted on and go the Governor before it is law so lets not get ahead of ourselves. Actually read the bill.
Fact: The bill is about how local government and politicians, abused their police powers in the name of self-rule and declared private property with out due process and shifted the burden to property owners to disproof the plaintiff’s (County) assertion that the narrow doctrine of custom applies to all Walton County littoral dry sand. Even if the bill becomes law Walton can still claim customary use on private property but Walton first has the burden of proof, not property owners.
Fiction: Tell them [FL legislators] that you support Customary use and reject any bill that would restrict it. BEACHFRONT HOMEOWNERS: “We will have our beaches back."
Although the names are not included these are Rauschkolb-isms if I’ve ever read one but Dave R can correct me if I’m wrong. Surprised a “Your Sand is My Sand” wasn’t thrown in there too.
Fact: The bill is not about if custom applies but who has the burden of proof. Local government (Plaintiff) or private property owners (Defendant). Just like in the on-going Walton County customary use litigation between New & Tippen (Plaintiff) v Bradford (Defendant-property owner). Except that New & Tippen can not declare customary use by ordinance on the Bradford's property and the Bradford’s have to disprove Plaintiff’s claim.
Court rules that 10-foot-wide walkway to beach doesn't create easement to subdivision beachfront - The Defuniak Herald & Beach Breeze
Misleading Channel 7 “report”.
Beachfront property owners could soon take back their rights to the beach
Fiction: Surfrider Foundation, Holly Parker, states property owners don’t like the answer [declaration of customary use on private property] they got from their local government and seek a legislative resolution. NOT true. Property Owners don’t like that Walton BCC did not prove it in court so owners can rebut the BCC so called “experts” and evidence. The bill/law does not prohibit local governments claiming public customary rights on private property; governments just have to proof it in court first.
Fact: The elements of proving custom on private property does not include local economics. Bill reads and courts have held “ancient, reasonable, without interruption, and free from dispute”. Historically the custom claimant cannot “profit” or take value from the property owner.
Fiction: Rauschkolb-ism - the historical definition of customary use does not include ancient native Americans throwing a Frisbee. The bill does not aim to give property owner certain rights to restrict access to their beachfront property. Owners already have that right; unless Walton BCC can prove otherwise in court.
Dave R’s support of a incompetent Walton BCC abusing their police powers to declare private property for public use, a BCC and customary-take proponents that villainize property owners and legislators for protecting Constitutionally protected property rights, and Dave R’s arrogance and ignorance of customary use of private property is the abomination in my view.