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jkmason

Beach Lover
Mar 10, 2014
152
122
This past spring I witnessed an altercation between an individual who walked out of a gulf front property called "Salt Cake" (Gulf Trace neighborhood) to confront people who were sitting in chairs at or near the water line in front of his property. They refused to leave. I got the impression that they lived in the neighborhood.

The "Salt Cake" property has placed a no trespassing sign which can be seen as you walk over the western neighborhood beach access in Gulf Trace. The "Salt Cake" sign warns against trespass and claims all beach property to the water line.

On subsequent beach walks, I have observed the public complying with the signage, placing chairs and umbrellas away from his "property lines".

Keep in mind that the property in question is directly adjacent to the neighborhood beach access. If additional beach front owners initiate the same tactics, beach access for the neighborhood could be in jeopardy.
 

John G

Beach Fanatic
Jul 16, 2014
1,803
553
This past spring I witnessed an altercation between an individual who walked out of a gulf front property called "Salt Cake" (Gulf Trace neighborhood) to confront people who were sitting in chairs at or near the water line in front of his property. They refused to leave. I got the impression that they lived in the neighborhood.

The "Salt Cake" property has placed a no trespassing sign which can be seen as you walk over the western neighborhood beach access in Gulf Trace. The "Salt Cake" sign warns against trespass and claims all beach property to the water line.

On subsequent beach walks, I have observed the public complying with the signage, placing chairs and umbrellas away from his "property lines".

Keep in mind that the property in question is directly adjacent to the neighborhood beach access. If additional beach front owners initiate the same tactics, beach access for the neighborhood could be in jeopardy.

Yes, this is called protecting your private property rights.

The man was trying to keep tourists off his private property.

How would you react if you lived next to a city or county park (public) and each weekend you had spill over from the park into your yard?

That's the scenario here in Walton on the beaches. Also here in Walton, our law enforcement requires the private property owner to now compile a packet to Prove you own your " yard"...(political?).

I understand both sides of the issue and currently side with those seeking to protect their private property.

I place blame not on them, but squarely on the shoulders of the BCC (past & present) along with Dawn M., from TDC for the mega marketing, knee jerk reaction to the oil spill that has flooded our area and its beaches with more tourists than we could ever possibly handle.

This is evidenced by beach access overcrowding, roads backed up for miles, unit occupancy out of control with closets turned into bunk rooms for children, etc.

The chickens have come home to roost for sure.

Paradise is lost. Enjoy while you can.
 

jkmason

Beach Lover
Mar 10, 2014
152
122
20160223_073125.jpg

This particular situation in Gulf Trace is a little bit different than the typical public beach accesses we see along 30A. This is a neighborhood access with NO public parking and is accessed by people in the Gulf Trace neighborhood. The people you refer to as "tourists" are the people that either own homes in the neighborhood or are renting those homes from the owners. My problem is that I foresee a trend where more and more Gulf front property owners will feel emboldened to claim their beach front all the way to the water line. When that happens, you will walk down the beach access and then have no where to fish, swim or sit in a lawn chair, etc.

I have posted a couple of photos of the sign and access point. Imagine these types of signs at every beach access. Not very friendly and perhaps not even legal.
 

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Teresa

SoWal Guide
Staff member
Nov 15, 2004
30,240
9,277
South Walton, FL
sowal.com
Yes, this is called protecting your private property rights.

The man was trying to keep tourists off his private property.

How would you react if you lived next to a city or county park (public) and each weekend you had spill over from the park into your yard?

That's the scenario here in Walton on the beaches. Also here in Walton, our law enforcement requires the private property owner to now compile a packet to Prove you own your " yard"...(political?).

I understand both sides of the issue and currently side with those seeking to protect their private property.

I place blame not on them, but squarely on the shoulders of the BCC (past & present) along with Dawn M., from TDC for the mega marketing, knee jerk reaction to the oil spill that has flooded our area and its beaches with more tourists than we could ever possibly handle.

This is evidenced by beach access overcrowding, roads backed up for miles, unit occupancy out of control with closets turned into bunk rooms for children, etc.

The chickens have come home to roost for sure.

Paradise is lost. Enjoy while you can.

You make some very good points Garner. And also point out that it's not an easy issue from either side.

I still have a hard time thinking of any beach as being private and off limits to people walking or sitting down to enjoy the Gulf of Mexico. Many beaches are private at resorts and exclusive neighborhoods. And now individual gulf front property owners are claiming their own beach as private. Not sure the answer.
 

John G

Beach Fanatic
Jul 16, 2014
1,803
553
In opposition to the comment of Sheriff Mike Adkinson this AM at the BCC meeting, this issue really isn't that "complicated". It may be complicated for him as he panders to numbers for votes, but if a property owner has the proper legal paperwork that shows they own land, be it sand or not, they they legally own it.

That's the issue here. Do you (property owner) own the beach your property is on. If you can prove it, then you DO. If you thought you did and don't have any legal documentation, then you DON'T. What is so hard to understand?

The sheriff was quick to pass the responsibility off to the BCC, which he is good at doing, blaming someone else and telling everyone how his hands are tied... He's become masterful at playing politics while serving as the sheriff, from the Beach Issues to Wedding Houses, etc. Have to give him credit, he's pretty slick.

What was most interesting and what occurred after he (sheriff) left, was the bombshell from Larry Jones about the "Beach Mouse Police" coming to town and telling him how they will be enforcing the protection of the beach mouse habitat. This is going to drastically effect anyone looking to build on the beach front and it the habitat zone. Pushing the permit process back one to two years...
 

jkmason

Beach Lover
Mar 10, 2014
152
122
The following is the conclusion portion of a paper written by S. Brent Spain entitled "FLORIDA BEACH ACCESS: NOTHING BUT WET SAND?"

I have also included a link to this paper, which summaries recent court cases involving beach access, including a relevant Destin, Fl case. The TDC and BCC should start banking money, pass a customary use ordinance and prepare to defend it in court.

BEACH ACCESS

"Despite numerous calls during the past twenty-five years for legislation at the state level to protect the public's right to utilize the dry sand areas of Florida beaches,[141][142] In the absence of adequate state legislation, local governments and the judiciary have the burden and responsibility to protect public beach access. In City of Daytona Beach v. Tona-Rama, Inc.,[143] the Florida Supreme Court recognized the doctrine of customary use as a means by which the public may secure rights to utilize the dry sand areas of Florida beaches for traditional recreational activities.[144][145]

In a state such as Florida, which is a favorite tourist destination[146][147] the issue of adequate public beach access should be a priority. Few, if any, of the state's tourists are probably aware that the majority of Florida beaches are privately owned.[148] One can easily imagine the surprise and shock of unsuspecting visitors to Florida who are threatened with arrest for trespassing because the beach they are enjoying is private property.[149] Indeed, the frequency of such incidents is likely to increase, absent adequate protective measures, as tourists and coastal residents place more and more pressure upon Florida's coastal resources. Florida and its residents should not, and cannot afford to, "bite the hand that feeds," so to speak. In light of the State Legislature's failure to adequately protect public beach access, local governments should adopt ordinances protecting the public's long-standing customary use of the dry sand areas of their beaches.[150] Without such measures, the Florida public may very well be left with nothing but wet sand"
 
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