Dave Raushkolb: Customary Use Shouldnʼt Require Defending

[FloridaBeachBum]

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?

Nope. Wrong again. Just an informed and knowledgeable private property owner that does the homework and knows the facts. What facts do you offer or is childish taunts all you and Dave Rauschkolb have?

 

[steel1man]

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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" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.

They hold stake until sunset rented or not...

This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!

 

[FactorFiction]

" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.

They hold stake until sunset rented or not...

This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!

I read a suggestion that allows tents/canopies in the back row, vendor set ups forward of the tent/canopy area, and the public with traditional beach umbrellas (or no shade structure) at the front. Nothing disallowed, just positioned to maximize the minimalist public users. Thoughts?

 

[Paintmn]

" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.

They hold stake until sunset rented or not...

This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!

Cou

 

[Everytime]

" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.

They hold stake until sunset rented or not...

This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!

Heck, I think the Customary Use advocates AND the beachfront property owners have a common grievance against the beach chair rental mafia! I know they’re probably considered part of the “tourist economy,” but they are not there in the interest of the locals nor many of the tourists and frequent tourists. My family always brings our own chairs and want to set up pet our own preferences whether it’s on a state park beach, regional beach access, or at a complex where we’re staying. We’ve experienced chair rental agencies taking priority over other condo guests with UNRENTED set-ups as well as public beach accesses and had words with them for crowding us out.

 

[Everytime]

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.

And I now understand that Seaside opens up its “central” beach area as “public,” but if “public beach” is the claim of customary use advocates along the rest of Walton County’s 30A coastline, then why isn’t it also the claim along Seaside’s other 70%, or in Rosemary, Alys, the various Watersound communities, or Watercolor? It seems that the main target of that claim is smaller communities like Vizcaya or individual homes.

 

[FactorFiction]

And I now understand that Seaside opens up its “central” beach area as “public,” but if “public beach” is the claim of customary use advocates along the rest of Walton County’s 30A coastline, then why isn’t it also the claim along Seaside’s other 70%, or in Rosemary, Alys, the various Watersound communities, or Watercolor? It seems that the main target of that claim is smaller communities like Vizcaya or individual homes.

The claim is that areas with private access are different. If all the beaches have been customarily used, maybe the private accesses should also be open to the public. Effectively those communities have taken away access to the customarily used beaches. BTW, I am not advocating anything, just pointing out the irony.

 

[Dave Rauschkolb]

I have no problem with Dave making money at either a public or private beach in SoWal. And also have him advocate for us all to have the right to use our beaches as we have for generations.

Anyone trying to make an argument about his business is grasping for straws.

...only Paper straws

 

[Dave Rauschkolb]

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.

Um, hypodermic needles, condoms, animal waste? I've been there 32 years and never heard of those items being found on the town center beaches. Written as though the lowly public beach users are drug and sex addicts with stray dogs. That's laughable. Trash perhaps but there are plentiful garbage facilities at the base of all the downtown beach accesses. Cmon Arthur cut the exaggerations.

 

[30A Skunkape]

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.

Why are the Seaside owners so into shooting smack and screwing on the public beach?