[Dave Rauschkolb is local BEACHFRONT restaurant owner. His business depends on tourist having unfettered access to all private beach property.]
By Dave Rauschkolb Posted Jun 27, 2018
DAVE RAUSHKOLB: Customary use shouldn't require defending
This is fundamental; our beaches are the prime attraction in Florida
[60% of "our" Florida beaches are private property]. They
[did you not know 60% are private beaches?] are the principal reason most of us live here and why most people choose to vacation here with their families
[there are 33 Florida coastal counties that do NOT recognize customary use of private property; Okaloosa County to the west and Bay County to the east of Walton County, and their tourist and rental economy is booming like the rest of Florida]. This is a case where stating an obvious truth
[to a judge?] is essential. Privatizing any beach in Florida
[By law, fee simple private property is already private. You can not “privatize” private property] is an attack on the economic well being of beach communities and our quality of life
[the local economy may be Walton commissioners motive for customary use of private property; but the economy is not a legal criterion of customary use, of the many customary use criteria, for a court to consider]. I believe beach access and use should be sacred and protected.
[I believe the authors of the Declaration of Independence held sacred that; “We hold these truths to be self-evident, that ... certain unalienable Rights, ... are Life, Liberty and the pursuit of Happiness.” Key to those unalienable rights, that America fought a war of independence over, are personal freedoms and individual property rights that are protected in the Fifth and Fourteenth Amendments].
This overreaching and arbitrary legislation
[only overreach is by those who do not believe in individual due-process] will allow for American citizens to be forcibly removed for trespassing
[as Dave Rauschkolb could on his private property; private property owners have always had the right of private use and enjoyment of their property that they paid for and pay taxes on to the MHWL.] from so called
[by courts and law enforcement], “private beaches.” We must all take heed because a very slippery slope has begun
[agree, the doctrine of common-law custom is not unique to highly desirable private beachfront property. Custom can be applied to bay front, lake front, river banks, and hunting grounds - without compensation]. Any Coastal beach town in Florida could be next.
[ANY private property could be subject next to local government and the public who “deserve” to use private property.]
One may ask, how do you defend customary use in the face of “private owners?” I shake my head in disbelief that this even needs defending
[from a democratic socialist doctrine, probably true]. For me, it is like someone stating “the oxygen above my home is private and mine alone.”
[emotional pleas are irrational, one can legally own private property; one can NOT legally own the atmosphere.]
Since humans have walked the earth our beaches have been a shared resource used for fishing, recreation, travel, access and play
[and wars have been fought defending these resources; that’s why we have the rule of law]. All the beaches of Florida have been uninterrupted in their human use for many centuries
[Unfettered public use is not customary use. There are many more criteria for customary use; not just one. If any one of the criteria are not met; customary use fails]. This doctrine of “customary use” gives all of us reasonable access and enjoyment on our
[only the property owner’s name is on the deed] beaches
[at the expense of private property rights; unless it can be proven in court FIRST]. Up until a few years ago this was never in question
[Untrue, 2002 the City of Destin tried and withdrew, in 2003 an individual claimed customary use and withdrew, 2016 another individual customary use case on a private parcel withdrew]. So now, suddenly, after hundreds of years of use
[the customary use criterion is ANCIENT; not 100 yrs.], beachfront owners of Walton County and the Legislature are allowed to say no?
[since July 4, 1776 private property has had and has all the rights upland properties do; and private property owners have said NO] I beg to differ, and we all should
[then file a complaint, as the Plaintiff with the burden of proof, in court, with your own money].
Frankly, I find the notion of a “private beach” a foreign concept; an oxymoron
[then purchase property at fair market value and allow whomever you want on your property]. I don’t think this is an extreme view at all, and I believe most people agree
[the majority does not rule, nor do local politicians, on minority private property rights; only the courts FIRST]. When someone purchases a beachfront home, they risk the wrath of hurricanes
[and disrespectful commissioners and tourist], but the reward is the view and a shorter walk to the beach than most of us. That’s it.
Much of the problem of use and access stems from complaints of bad behavior behind people’s homes. In deference to beachfront homeowners’ complaints, I agree that certain unsavory activities that may
[DO] occur
[routinely without consequence] on the beaches must be regulated
[When? How?]. The proper enforcement of laws should be all the insurance beachfront owners need
[owners are not buying that insurance policy] to ensure peaceable, beach activities behind their homes. Simple law and order already regulate beaches all over the world
[are commissioners looking for a quick fix to the over demand for beaches, at the expense of pirate property owners, for commissioners failure to manage growth and tourist behavior that is unreasonable].
It is critical that the
[private] sandy areas of Florida’s beaches are open for all to enjoy; our tourist-driven economy is dependent
[like Dave Rauschkolb’s beachfront business] on this perception and reality . Any threat to beach use is a threat to our local and statewide economy
[33 FL coastal counties do not have customary use and their economy is booming]. Perception is everything when it comes to people’s decision to choose a tourist destination or a property purchase
[if two equal beachfront properties to rent or purchase, one with public customary use and one with all the private property rights every property owner has; which would be more valuable?]. If they know a beach is not easily accessible or usable, they will be less apt to book or purchase property
[Beachfront renters pay a premium for their exclusive use of the beach; they could go to the 8 miles of public beaches for free. If the demand exceeds supply, historically people have paid for the privilege to use private beach properties]. Would you? Private beaches are in direct opposition to the image and perception of Florida
[is that the private property owners fault?] as both a tourist destination and a quality place to live
[TDC $20,000,000 a year marketing does not trump property rights, maybe change the marketing for tourist to respect private property].
Beginning July 1, some county beach access bordered by “private property” will only allow someone to walk to the water and set up a beach chair on a 10 foot strip of sand
[there is NO right to setup chairs and umbrellas in the 10 foot private right-of-way. Typical misinformation; legally below the MHWL the “foreshore” is public property but the Sheriff intends to enforce the “wet sand surf”; not a 10 foot strip of dry sand]. You may walk along the water in the wet sand but you could be arrested for stopping on the wrong beach
[not at the Sheriff’s enforced foreshore wet sand]. This is wrong on so many levels. “No trespassing” signs and ropes are showing up everywhere already
[as REQUIRED by the Walton Sheriff previous and expected SOP to enforce the law]. A simple, conflict-free, fun day at the beach with your kids is now at risk
[if you are not respectful of private property owner’s rights]. I think it is terrible
[Private property owners think it is terrible that local government can just declare their property rights null and void like Walton Commissioners did without due process in court FIRST]. As a father of two young children and a
[beachfront] business owner in South Walton County for 32 years, I take that loss of quality of life and risk to our economy very seriously
[property owners who have to defend their rights in court with their own money, take Constitutional property rights very seriously. Commissioners do not risk their own money; just tax payers’ millions.]
Customary use, which is the law of the sand in Hawaii, Oregon and Texas, grants permanent public access based on ancient, peaceful, uninterrupted and reasonable use of the beach by the public
[That leaves 47 states that do not recognize customary use for beaches and inland lake shores and river banks]. One would hope Florida could adopt a similar law. We should work together to follow these 3 other State’s lead and make all of Florida’s
[private] beaches a shared resource for all of us in perpetuity.
[One would hope Floridians who own private property, that Americans fought a Revolutionary War to be free of English overlords and customs, who will support and defend the Declaration of Independence and Bill of Rights, continue to RESPECT property rights forever.]
