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James Bentwood

Beach Fanatic
Feb 24, 2005
1,495
607
Bay County, like many coastal towns, has different circumstances than Walton County. Appears they had leadership where we did not.

The Herald Jun2018...
But the law, set to go into effect Sunday, won't affect Bay County at all, and it did not change the rule of customary use, Majka said.

"If property was subject to customary use before the law, it is still subject to customary use after the law. The only change the law made was to recognize that courts, and not local governments, traditionally determine property rights, including the scope of customary use rights," he said.

Land formed from beach renourishment projects — almost all of Panama City Beach — is owned by the public and is accessible for public use, Majka said. A majority of the beach was obtained for beach renourishment through easements obtained in one sweep in 1997, just before the city's first major nourishment project in 1998.

Because those easements now are maintained by federal and local funds, the public owns the beach from the city right of way to the high water line, according to Panama City Beach public information officer Debbie Ward. And the county now has almost 100 public beach accesses, including at St. Andrews State Park, M.B. Miller Pier, Rick Seltzer Park and dozens of other locations.
Another incidence that shows the quiet amazing beauty and quaint under-devlopment and low population we have enjoyed for decades come back to bite us. Walton County spent years and millions planning beach re-nourishment and got stymied because they were too late.

Look to the homeowners who opposed beach re-nourishment and you will see villains. Call them out for ruining Walton County beaches.

Look to the owners who are now opposing customary use. Call out the ones who won't allow vehicles to drive on the beach behind their house.
 

Shannon Lince

Beach Lover
Sep 9, 2018
103
97
Florida
Another incidence that shows the quiet amazing beauty and quaint under-devlopment and low population we have enjoyed for decades come back to bite us. Walton County spent years and millions planning beach re-nourishment and got stymied because they were too late.

Look to the homeowners who opposed beach re-nourishment and you will see villains. Call them out for ruining Walton County beaches.

Look to the owners who are now opposing customary use. Call out the ones who won't allow vehicles to drive on the beach behind their house.

Villains?
 

lazin&drinkin

Beach Lover
Apr 13, 2010
174
154
Boomerang, you got one thing right. Walton’s County Attorney isn’t up to the task. You and quite a few others who cry for the repeal of HB 631 fail to understand that it should save the county money by requiring them by statute to observe the requirements of federal and state law regarding customary use claims. These requirements preexisted this fight and will survive any fight over 631, irrespective of that outcome.

The principal reason the county has not lost in federal court is something with which you and many others may not be familiar, that being the concept of ripeness. Depending on the pleadings before it, a federal District Court will almost always wait until claims that could be resolved under state law have made their way through the entirety of the state judicial system. Once that final state court resolution is in hand, the case is then ready for federal court. Whatever justice may come to be by the hand of the court, it is certain to be justice delayed.

And justice delayed is very expensive justice, as Walton County taxpayers are only beginning to appreciate. HB 631 aims to prevent local procedural errors by the Sidney Noyes et al. of our world from creating even more delay and expense by avoidable errors and suits. Witness the witlessness of yesterday.

And you and others would do well to understand that with or without HB 631, the doctrine of CU absolutely requires proof of each parcel, independent of all others. Like it or not, that is an essential part of the legal construct called Common Law as applied to Customary Use, and 631 repeal will not alter that requirement.

I realize it’s easier to simply scream and holler about those evil, greedy rich people on the beach than it is to read and learn what the facts and law are, but we are supposed to be a nation of laws, not of the emotions of the moment, and we are ill-served by any government which ignores that postulate.

Walton County cannot sustain the millions of visitors it now enjoys (?), and both locals and visitors would be well served by the excess of visitors over capacity being corrected sooner than later. No environment has an infinite carrying capacity, and our little barrier island is not immune to that natural law.

It is possible, though inadvisable, to overturn 631, but absent the unlikely amendments to the U.S. Constitution necessary to achieve your goal of confiscation of private property rights irrespective of the law, enmity and discord will increase, and stupidly colossal amounts of tax dollars and private funds will be wasted on lawsuits.

If you believe a retired kindergarten teacher, a retired postal driver, a retired law enforcement guy with a checkered history, and good ole Sara possess and have demonstrated the requisite knowledge, judgment and skills to properly lead the ambitious colossus our county government has become, I have a bridge to sell you. Melanie has demonstrated knowledge, judgment and abilities to lead responsibly, and she is being joined by Danny G who shares those traits. It unfortunately appears that Trey N is but another of the parade of yes men brought to us by the developers and lawyers who really run the county.

Pardon me for believing that private property rights under the law are far more important to our country than increased profits for a few business owners, lawyers, and developers. Blind emotion is a veil failing to hide prejudice and envy, while also failing to make things better. 631 is not the problem. County leadership is.
 

Shannon Lince

Beach Lover
Sep 9, 2018
103
97
Florida
Defined as anyone who would try to prevent someone from enjoying GODS beach.

Even God knows about property rights and needs vs. wants...

"And the younger of them said to his father, ‘Father, give me the share of property that is coming to me.’ And he divided his property between them. Not many days later, the younger son gathered all he had and took a journey into a far country, and there he squandered his property in reckless living. And when he had spent everything, a severe famine arose in that country, and he began to be in need. So he went and hired himself out to one of the citizens of that country, who sent him into his fields to feed pigs. And he was longing to be fed with the pods that the pigs ate, and no one gave him anything. ..." Luke 15:12-17

Shannon
 

Shannon Lince

Beach Lover
Sep 9, 2018
103
97
Florida
It amazes me that anyone could try to claim they own the beach. It's a freakin nightmare to anyone who ever has enjoyed SoWal beaches before or now. Deplorable.

It amazes me that you won't even acknowledge these beaches have been privately owned for a long, long time. And they have changed ownership hands many, many times over the last 100 years - thousands of times. It also amazes me that with a few exceptions, most of the beaches on the coasts of the United States is owned privately. And in the state of Florida 60% is privately owned.

Yet something that is so common, legal and has legally changed hands, been bought and sold thousands of times with the county's approval - you call "deplorable".

That's what's amazing. Actually, it's stunning.

Shannon
 

EZ4144

Beach Lover
Aug 6, 2005
194
107
It amazes me that you won't even acknowledge these beaches have been privately owned for a long, long time. And they have changed ownership hands many, many times over the last 100 years - thousands of times. It also amazes me that with a few exceptions, most of the beaches on the coasts of the United States is owned privately. And in the state of Florida 60% is privately owned.

Yet something that is so common, legal and has legally changed hands, been bought and sold thousands of times with the county's approval - you call "deplorable".

That's what's amazing. Actually, it's stunning.

Shannon

Jesus walked every beach in the world and no one but him can rule over them. Give up your selfish ways.
 

boomerang

Beach Lover
May 11, 2015
77
36
I agree - Walton County will not win because they are not trying to prove each parcel as required by 631 - and you have to admit yesterday was embarrassing. They can't even start the process correctly - and the affidavits don't prove each parcel.

I think we have to repeal 631 - and pass something that gives the homeowners rights to dunes and the rest of us rights to USE the dry sand to the water.

Venders should be banned. Bring your own stuff or don't come to our beaches.

And revoke all quiet titles.
 
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