Does any body read the laws? Florida Statute 163.035. The local government complaint is de novo - look it up. The local government is the Plaintiff with the burden of proof to show a limited old English doctrine of common law custom is superior to the US Constitution protected property rights.My take was that the entire sandy beach would be declared as subject to customary use (ancient, reasonable, etc) in the manner that it has customarily been, and if a particular owner disputed customary use existing on their parcel, it would be up to them to prove that point so as to be exempted.
Old English? How about plain English?Does any body read the laws? Florida Statute 163.035. The local government complaint is de novo - look it up. The local government is the Plaintiff with the burden of proof to show a limited old English doctrine of common law custom is superior to the US Constitution protected property rights.
Can you prove the Indians didn't have orgies on the beach if front of your glass doors?
My take was that the entire sandy beach would be declared as subject to customary use (ancient, reasonable, etc) in the manner that it has customarily been, and if a particular owner disputed customary use existing on their parcel, it would be up to them to prove that point so as to be exempted.
My point, however silly I presented it, was based on comments by Larry Jones, who said the county’s strategy would be, most likely, to craft the ordinance to recognize customary care to the entire stretch of Walton beaches, and then individual owners could contest that. He also said they had archeologists lined up to testify. Probably not that many orgies, but generally, tribes of Indians roamed these beaches in search of good fishing, continuously, until the Spanish came with their particular orgies. I hope they present the Spanish breast plate that was found west of Grayton back 30 years ago. Then, of course, there should be a lot of photos of white people fishing and riding jeeps, and then the BFO’s would be obligated to prove that this continuous horde of people did not pass along the dry sand of Their Beach. Makes you want to become a lawyer, doesn’t it?