Shannon Lince, know many beachfront owners applaud your informed and factual posts; and the other private property rights advocate posts as well. Know too that your factual reasoning is lost on those that are ignorant of the legal doctrine of custom. Sorry for the long post - got on a roll.
Even though the obscure old English common law doctrine of custom flies in the face of the United States of America’s Constitutional protection of private property rights; has anyone actually read Sir William Blackstone 1765–1769 Commentaries, just Walton’s claim of “ancient” fails the common law test - even not considering that it contravenes the Constitution. Less than a hundred years of affidavits is not ancient - much less comply with legal rules of evidence. Dr Miller’s expert evidence is vague and circumstantial at best. Many US and State courts over a hundred years ago in the late 1800s and early 1900s (ancient?) agreed the criteria of ancient custom in America is not valid because no American legal custom can be before the memory of man [Graham v. Walker: 78 Conn. 130, 61 A. 98 (1905)].
Beachfront owners like BlueMtnBeachVagrant have been posting customary use facts here since 2007 (does that qualify for ancient?), lazin&drinkin, FactorFiction, john-g, patriot-games, and many others I have failed to list, have posted facts about private property rights. I understand why BlueMtnBeachVagrant gave up posting for a while, I have grown tired of the inane rambling of customary use “opinions” and stopped posting facts that show the emotional ignorant posts of vocal customary users are just that - baseless emotional opinions.
Like the ridiculous $100 quit claim deeds theory, quite title (that’s one of the least understood), Mike Huckabee is responsible for HB631. “Boomerang” posted and accused me and FactorFiction of being Huckabee. Mike Huckabee is a celebrity that worked hard and earned his way, lives on the beach and an easy target for the conspiracy theorist; but he is no more responsible for HB631 than I am. That Florida beaches are being "privatized"; they were and are already private property with all the property rights owners north of 30A or Hwy 98 have - if not why is the Sheriff havening to come up with procedures to (not) enforce trespass? Or you have to be a “local” to know what you are talking about SoWal and customary use. This Forum proves that is not true. I’ve been here for many decades.
The ludicrous hypothesis that deeded private dry sand is not taxed by Walton County or that it is worthless because it can’t be built on is baseless dribble. Beach property can be physically built on (Walton wants to build a SoWal beach pier), but Governments have used their police powers to regulate use and not issue building permits to build on the beach. To say the Government regulates and prohibits building on beach; therefore the beach can’t be built on, therefore the dry sand beach is worthless because it can't be built on, and the Government should use eminent domain and purchase worthless beachfront - is defies logic or reason. Politicians can tell owners HOW to use your private beachfront [within Constitutional limits] but not WHO can use your private beachfront property - only the courts can tell you WHO. That's why the Florida legislature overwhelmingly passed HB631 - to stop counties like Walton from abusing their police powers by declaring customary use without due process for political means.
Shannon Lince, private beachfront owners are a minority and facts only matter in court - not here or social media. Constitutionally protected private property rights and Walton BCC's claim of common law public customary use on private property will be settled in the courts. Join the other many beachfront owners and encourage other beachfront owners to seek a legal advice to intervene in Walton BCC customary use litigation. Don’t stop posting the facts but know the facts will fall on covered ears of ignorance.