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FactorFiction

Beach Fanatic
Feb 18, 2016
494
409
Thanks SUP View..my ONLY reason for posting the photos was to get some feedback on what steps we residents can take to get Whoever it is that should be enforcing what needs to be done by these owners to remedy this mess. The Beach along Blue Mountain is so beautiful but when you enter the beach at that access...it’s the one up from the creamery...it’s disgusting. I had family in town for Thanksgiving and when we went down to the beach they asked why in the world this was allowed. I had to say to them we have a huge lack of enforcement when It comes to MANY issues on the beach..So who do we contact to get some ACTION??

Thanks for posting this. Sad that any property is allowed to fall into this kind of disrepair regardless of where it is. It appears that the one with the rusted metal is for sale. Hopefully, someone will purchase it and make repairs.
 

FactorFiction

Beach Fanatic
Feb 18, 2016
494
409
Thanks SUP View..my ONLY reason for posting the photos was to get some feedback on what steps we residents can take to get Whoever it is that should be enforcing what needs to be done by these owners to remedy this mess. The Beach along Blue Mountain is so beautiful but when you enter the beach at that access...it’s the one up from the creamery...it’s disgusting. I had family in town for Thanksgiving and when we went down to the beach they asked why in the world this was allowed. I had to say to them we have a huge lack of enforcement when It comes to MANY issues on the beach..So who do we contact to get some ACTION??
I suspect the DEP is your best bet, but they aren't the epitome of enforcement either. One little bit of consolation is that a considerable number of retaining/seawalls are made of a composite material that doesn't rust.
 

Alex Miles

Beach Comber
Oct 6, 2019
31
39
57
Montgomery
Everyone agrees there are isolated problem areas along our beaches. Different conflicts crop up over the years, and they always will. Each problem needs to be addressed specifically and individually. But...

Is that any reason to sue thousands of innocent homeowners to confiscate their private property without compensation and turn the commercial control of their private property over to Walton County? Tell me, how much do you trust the ever-changing leadership, historical record, and ethical intent of the local government? Do you ever put yourself in the shoes of a BPO and think about it in these terms? The large numbers of defendants who are paying monthly legal fees certainly do. And we're talking millions of dollars have already been spent, before the motions to dismiss can even be heard, by a court that is dragging its feet, and plaintiffs who are either unmotivated or incompetent in even correctly noticing the defendants. They bit off more than they can chew. And they know it.

Because of isolated problems like this seawall, or some grumpy old man, is that any reason to divide thousands of neighbors, with a tabloid-driven social media circus filled with such complete misrepresentations and outright falsehoods, and with a direct campaign of such true hatred, that knows no bounds? But hey, the anti-social media activists are going to learn eventually, that growing Twitter followers doesn't mean anything in a court of law. But at what cost? Such deep, painful cultural damage... born out of injustice in the court of public opinion.
 
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SUP View

Beach Lover
Jul 22, 2019
51
43
Above Water
Good points Alex Miles.

I agree with the opinion of many along 30A, BFO's and non-BFO's, that the whole CU push is losing steam. The law and facts will supersede group-think emotion. The educated people on both sides of the issue realize the incredible county tax dollar waste with the lawsuit, the seemingly unwillingness of the WCC to work toward a compromise, and the reality that there is plenty of beach for everyone. It really is unfortunate that the WCC selected this path.
 

FloridaBeachBum

Beach Fanatic
Feb 9, 2017
463
112
Santa Rosa Beach
outofadream Mary B. (name posted in other SoWal forums), just a few questions, respectfully;

What does the beachfront property condition, judged good or bad by you are anyone else, have to do with CU? This is not a thread on code enforcement. Suggest starting a new different thread so as not to side track this thread.

The thread, originally titled “Customary Use Will Destroy Our 30A Legacy”(1), is about the ancient English common law of public customary use of private property (CU), the impact on local area beachfront property rights (BPOs are “de novo” Defendants) and pubic use, and the Credibility of CU private property and public beach use of private property beliefs.

In your photos can you or any believer show any Government authority has charged any BPO in violation of any law or regulation today; other than your and other believer’s opinions? Do you think posting the owner’s property and ranting on social media is useful or helpful except to dox the property owner without the facts? Maybe there is not any legal violations, maybe there is, but lets have facts and not internet rants? #414 “I’m struck by how unverified opinions and beliefs in online forums ...” Customary Use and Our 30A Legacy

The property looks to be for rent, not for sale, but you or anyone can make an offer to purchase and choose to do what they wish with the property. To share the dry sand or not, to post First Amendment protected signs or not, to invest in new improvements or not, or give the property fee simple to Walton County and the “public” or not (the public can not own property). But the owner does not have the choice to pay Walton police power mandated taxes or not without legal consequences. Walton Police Powers may be able to tell owners How to use their private property but not WHO can use their private property (per USA Constitution and FS163.035).
2 BMB Access Rental Deck.jpg 1 BMB Access Rental Aerial.jpg

It has been well establish by the court and publicly available legal documents that none of the BMB beachfront to the MHWL is public property on the original plat; including the 70 foot wide platted road (now Hwy 83) that ends Before the “BEACH” on the west side of the plat where the “public” beach access is today. Would be interesting to determine how this 70 foot wide beach was conveyed to the Walton County. The BMB1 owned platted BEACH is legally accessible to the BMB Subdivision No. 1 Owners only. #2072 Customary Use and Our 30A Legacy
1948 BMB1 Plat.jpg Walton PA BMB Hwy 83 beach access.jpg

(1) A legacy the past 20 years before Walton Commissioners’ TDC started taxing tourist and spending $20,000,000 annually to bring the public masses to the area but never thinking about the impact on the local quality of life or infrastructure. Just the tourist $$$$.
 

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bob1

Beach Fanatic
Jun 26, 2010
534
527
The current owner of that property is responsible for the code compliance of the property. The county should add fines every day. Fines become a lien on the property and it can't be sold until the lien is paid.
 

Alex Miles

Beach Comber
Oct 6, 2019
31
39
57
Montgomery
Bob1, those kinds of specific suggestions are much more appropriate than just blindly and expensively suing everyone on the coastline without even approaching any other homeowners with any other options offered. But the activists got everybody worked up in an emotion-filled hysterical frenzy. Social media censorship helped them promote their cause tremendously, with such unreasonable one-sided viewpoints disseminated, that very poor choices have been made by the county.
 

outofadream

Beach Fanatic
Apr 1, 2008
312
85
outofadream Mary B. (name posted in other SoWal forums), just a few questions, respectfully;

What does the beachfront property condition, judged good or bad by you are anyone else, have to do with CU? This is not a thread on code enforcement. Suggest starting a new different thread so as not to side track this thread.

The thread, originally titled “Customary Use Will Destroy Our 30A Legacy”(1), is about the ancient English common law of public customary use of private property (CU), the impact on local area beachfront property rights (BPOs are “de novo” Defendants) and pubic use, and the Credibility of CU private property and public beach use of private property beliefs.

In your photos can you or any believer show any Government authority has charged any BPO in violation of any law or regulation today; other than your and other believer’s opinions? Do you think posting the owner’s property and ranting on social media is useful or helpful except to dox the property owner without the facts? Maybe there is not any legal violations, maybe there is, but lets have facts and not internet rants? #414 “I’m struck by how unverified opinions and beliefs in online forums ...” Customary Use and Our 30A Legacy

The property looks to be for rent, not for sale, but you or anyone can make an offer to purchase and choose to do what they wish with the property. To share the dry sand or not, to post First Amendment protected signs or not, to invest in new improvements or not, or give the property fee simple to Walton County and the “public” or not (the public can not own property). But the owner does not have the choice to pay Walton police power mandated taxes or not without legal consequences. Walton Police Powers may be able to tell owners How to use their private property but not WHO can use their private property (per USA Constitution and FS163.035).
View attachment 80689 View attachment 80690

It has been well establish by the court and publicly available legal documents that none of the BMB beachfront to the MHWL is public property on the original plat; including the 70 foot wide platted road (now Hwy 83) that ends Before the “BEACH” on the west side of the plat where the “public” beach access is today. Would be interesting to determine how this 70 foot wide beach was conveyed to the Walton County. The BMB1 owned platted BEACH is legally accessible to the BMB Subdivision No. 1 Owners only. #2072 Customary Use and Our 30A Legacy
View attachment 80691 View attachment 80692

(1) A legacy the past 20 years before Walton Commissioners’ TDC started taxing tourist and spending $20,000,000 annually to bring the public masses to the area but never thinking about the impact on the local quality of life or infrastructure. Just the tourist $$$$.
Hey Florida beach bum… I posted it on this thread because I knew I could reach a lot of people who are following all of the ranting...including yours...over the last several months...Take a look at what you just wrote...king of rants LOL I’m not partial to either side in this craziness called customer use versus beachfront owner. It’s gotten insane. Anybody who values these beautiful beaches must agree that these unsightly Seawalls and other issues on OUR BEACHES need to be addressed and enforced. Just Saying...smile you won’t crack your face
 

Rachael Ashman McKee

Beach Lover
May 21, 2012
58
28
Seacrest
Rachael, please don't take my questions as disrespectful because that is not my intent but I am wondering about the "truth" relevant to beach use. On your parcel do you put up fence or other means of delineating a private specific use? If not then how would you expect a beach user to interpret your private specific use? Is so can you provide pictures or would you sign an affidavit? I only ask this question of you because it is not fair to judge those that signed affidavits as to general public recreational use if there were no fence to establish specific private use. It is important to know why you feel that your parcel was used for private use and never had a public recreational use. Tax documents and deeds do not establish use so you will need another way to establish a specific private use. Just my opinion of course and I am not an attorney. I base my opinions on common sense and that is the reason I am being attacked by the power brokers. I have been called all sorts of things only because I disagree or require more information. I can handle the attacks but it is just not civil and I hope we as a community do not stop from trying to be civil. That goes for both sides.
Rachael, please don't take my questions as disrespectful because that is not my intent but I am wondering about the "truth" relevant to beach use. On your parcel do you put up fence or other means of delineating a private specific use? If not then how would you expect a beach user to interpret your private specific use? Is so can you provide pictures or would you sign an affidavit? I only ask this question of you because it is not fair to judge those that signed affidavits as to general public recreational use if there were no fence to establish specific private use. It is important to know why you feel that your parcel was used for private use and never had a public recreational use. Tax documents and deeds do not establish use so you will need another way to establish a specific private use. Just my opinion of course and I am not an attorney. I base my opinions on common sense and that is the reason I am being attacked by the power brokers. I have been called all sorts of things only because I disagree or require more information. I can handle the attacks but it is just not civil and I hope we as a community do not stop from trying to be civil. That goes for both sides.
Rachael, please don't take my questions as disrespectful because that is not my intent but I am wondering about the "truth" relevant to beach use. On your parcel do you put up fence or other means of delineating a private specific use? If not then how would you expect a beach user to interpret your private specific use? Is so can you provide pictures or would you sign an affidavit? I only ask this question of you because it is not fair to judge those that signed affidavits as to general public recreational use if there were no fence to establish specific private use. It is important to know why you feel that your parcel was used for private use and never had a public recreational use. Tax documents and deeds do not establish use so you will need another way to establish a specific private use. Just my opinion of course and I am not an attorney. I base my opinions on common sense and that is the reason I am being attacked by the power brokers. I have been called all sorts of things only because I disagree or require more information. I can handle the attacks but it is just not civil and I hope we as a community do not stop from trying to be civil. That goes for both sides.
Because for twelve years there has been someone on the beach explaining proper use. That’s why
 
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