beach goers harrassed

I think you are on with the easement bit. There was suppose to be an easement at Blue Mountain Villas as well but it has never happened. Don't know what the story on that one is, either.

Thank you all very much for your information! Arkiehawg, it's a pleasure to make your acquaintance. I would love to find more information on the easement y'all are referring to. I may go digging through the Clerk of Courts records later to see if I can find anything. Does anyone know what to make of the Quit Claim Deed dated Feb 12 in which the beach in front of the Inn is deeded to "Blue Mountain Beach Master Owners' Assoc"?

Since I haven't properly introduced myself on the forum, my name is Trey and I am currently a helicopter pilot-I fly UH-1N Hueys-in the United States Air Force, and stationed in Washington DC. I am married with no kids (yet?) I grew up in Walton County and have a profound love for the beaches there. I worked Beach Concierge service at Sandestin Resort for six summers during High School/College! Blue Mountain Beach is, quite simply, a dream. It has always been my beach of choice along 30A and continues to hold a special place in my heart.

Everyone's information/advice gives me the impression that most along 30A are a "family" of sorts. This is surely something alluring about Walton County and I look forward to the day I can retire and sink my feet in the sand in SoWal again. I'll bring some extra beers for anyone that would like to join (cans of course, thanks Duchess!)

I'm a bit of a real estate junkie so I frequent MLS/the forums/waltonpa/clerk of court. My mother was an appraiser in Walton County during the real estate BOOM and I feel it runs in my blood. Interestingly, she may have appraised some of the very lots many of you own.

That's probably more than anyone cared to know about me... The biggest takeaway is I look forward to joining the 30A/SoWal family one day and meeting everyone. Once again, thanks for your insight and if you find anything else regarding this issue, please let me know and I will do the same!

Respectfully,
Trey

http://www.florida-annual-report.com/BLUE-MOUNTAIN-BEACH-MASTER-OWNERS-ASSOCIATION-INC.html

Maclin was the original developer, I believe. So the Inn deeded the beach back to him?

Probably someone else on here knows more about the current situation than I do. Maclin's deals have been complicated.

http://www.florida-annual-report.com/BLUE-MOUNTAIN-BEACH-MASTER-OWNERS-ASSOCIATION-INC.html

Maclin was the original developer, I believe. So the Inn deeded the beach back to him?

Probably someone else on here knows more about the current situation than I do. Maclin's deals have been complicated.

The deed I'm referring to can be seen in the SALES DATA on the following page (I hope the link works):

http://64.234.218.210/cgi-bin/walton_display.cgi?KEY=12-3S-20-34710-00C-0050

Sorry if I de-railed the original intent of this post.

You didn't derail anything.to the forum. I found your short bio very interesting particularly since I flew for both the Air Force and the Army. I hope you get to see your dream come true. Fortunately, I have and live on the greatest place on earth, IMO, Blue Mountain Beach. If everyone would learn to share the beach, as it should be, we would be just fine.

Do we have a definitive answer here? This happened to us this past memorial day weekend. The beach in front of The Retreat was cleared by a security guard...for no reason! The beach was empty! It didn't appear that anyone from The Retreat even used the beach! I was and still am very angry this happened. As a property owner on Snapper St I will gladly take up the cause if someone can point me in the right direction of
the law and the "ownership" of the beach. This PUBLIC beach access is the closest one to where we live and I certainly won't tolerate being harassed all summer. Has the law been determined to be public beach on wet sand or high water mark? If its high water mark I'll measure it off at its peak this summer and call a sheriff to confirm the spot if I have to. Everyone was having a wonderful day then the whole security guard incident put a cloud over the mood of the entire beach. Terrible!

blue mountain. isn't the public beach access on both sides of the public access very narrow? did he try to get you to move from the public area are people strayed onto the retret area?The high water mark is the avg amount the tide comes in over a 17 or 18 yr period which unless they hire a full time surveyor to commute daily its not legal. You can 1005stay in the wet sand are an up to min 10 feet above it and he can't do crap. as you can see from the oldness of this note its been going on for 6-8 yrs. it died own the last 2 yrs after destin lost the supreme ct decision for owners to not allow nourishment of san on there property which kin of says the beach I the countrys and not orivate. 2 yrs ago I sat were I wanted on a private beach and the life guars aske me to move dily but admitted there was nothing they could do.don't let anyone bully you

The issue is who pays the bills and what is the definition of beach. I understand but do not agree with why the property owners believe that he/she owns the beach. At some point the county will have to define beach and enforce as human behavior needs clear guidelines on how to behave. A much bigger debate is how to control the destructive nature of human beings. Human behavior is destructive to the environment whether they leave trash on the beach or build on top of a dune. In a bigger picture I believe we are struggling to find a proper balance of development and environmental intrusion.

Once again the owners at the Retreat show the stupidity and arrognance of those with an overabundance of money and little thought of the everyday working citizen! For those interested, contact your legislator, BCC Commissoner, and any legal access you may have to the Florida Supreme Court. It is time for Florida to recognize that the beaches belong to ALL and those that commenced the practice of putting beaches as "private property" in deeds did so with the sole purpose of selling beach property and, if the truth were known, probably didn't have the authority to do so in the first place. I'd be ashamed to admit I was a Retreat owner.

During the last year and a half I've seen dredgers, cranes and heavy equipment restoring the beach and dunes in front of The Retreat. According to the US Supreme Ct decision upholding Florida in its case with the Destin homeowners suing over the restoration here:
http://www.supremecourt.gov/opinions/09pdf/08-1151.pdf
It seems that if the county, state or federal govt funded any of that restoration that I saw take place recently then they absolutely have no right running beach goers away with security force - if they ever did have that right in the first place. In addition I would argue that the storm that eroded that part of the beach a year and a half ago significantly raised the high water mark that once prevailed thus creating a significant amount of dry sand "public" in it's current state. In addition, their HUGE "Private Beach" sign has been erected on public sand right off of the public access and should be removed immediately. Certainly there is an ordinance preventing people from putting major signage on the beach? It may as well be a billboard it's so large and it's the only sign of its kind I've seen on the beautiful beaches around here! I'll gladly call someone to remove it if pointed in the right direction - I just moved here full time so I don't know the govt entities yet. But I can tell you I'm hot about this and don't intend on dropping it!

Andante condos in Seacrest have big signs on the beach stating the area in front of the condos is private. They also have hired someone to chase people off the beach there. I would love to know if this is actually legal or not.

Blue Mtn Mama, somehow my recent post did not post. There is no ordinance prohibiting signage on the beach. We can control signage on our scenic highways but not our beach? How is this so. I have asked many times in various ways for such signage to be removed. It is still there so you can readily see how successful my efforts have been. Call all in county government with your complaint. I have.

OMG ..here we go...again.....Ill be back in a few hours with the links to the FL.statutes etc.. (they might be at the beginning of this ancient thread but I am not sure) The two MAIN things that come to mind are "mean high tide line" and "current topographical survey"......if you are harrassed by soemone that thinks they are the "owner" of the beach you are on, ask them to produce said survey. If they cant, tell them to call a lawyer because the sheriffs office in Walton County wont do much to back them up.

During the last year and a half I've seen dredgers, cranes and heavy equipment restoring the beach and dunes in front of The Retreat. According to the US Supreme Ct decision upholding Florida in its case with the Destin homeowners suing over the restoration here:
http://www.supremecourt.gov/opinions/09pdf/08-1151.pdf
It seems that if the county, state or federal govt funded any of that restoration that I saw take place recently then they absolutely have no right running beach goers away with security force - if they ever did have that right in the first place. In addition I would argue that the storm that eroded that part of the beach a year and a half ago significantly raised the high water mark that once prevailed thus creating a significant amount of dry sand "public" in it's current state. In addition, their HUGE "Private Beach" sign has been erected on public sand right off of the public access and should be removed immediately. Certainly there is an ordinance preventing people from putting major signage on the beach? It may as well be a billboard it's so large and it's the only sign of its kind I've seen on the beautiful beaches around here! I'll gladly call someone to remove it if pointed in the right direction - I just moved here full time so I don't know the govt entities yet. But I can tell you I'm hot about this and don't intend on dropping it!

Not weighing in on the use of the beach, but there has not been any work at the retreat that was county,state or federally funded. There is a project being developed for 30-A beaches, but it is still being developed. That project will include the retreat area.

I spoke with Sheriff Adkinson today and he said it is not acceptable behavior for beachgoers to be harrassed. He suggested that anyone encountering this call his office and he will send someone to mediate between the beachgoer(s) and the property owner so that a common-sense solution can be reached. The sheriff's office number is 892-8186.

blue mountain. isn't the public beach access on both sides of the public access very narrow? did he try to get you to move from the public area are people strayed onto the retret area?The high water mark is the avg amount the tide comes in over a 17 or 18 yr period which unless they hire a full time surveyor to commute daily its not legal. You can 1005stay in the wet sand are an up to min 10 feet above it and he can't do crap. as you can see from the oldness of this note its been going on for 6-8 yrs. it died own the last 2 yrs after destin lost the supreme ct decision for owners to not allow nourishment of san on there property which kin of says the beach I the countrys and not orivate. 2 yrs ago I sat were I wanted on a private beach and the life guars aske me to move dily but admitted there was nothing they could do.don't let anyone bully you

Topo surveys are usually good for a year I think, but cost a TON... Most people only have one done at the beginning of construction to make sure they dont go over the CCL then never get another one done. But that is the only way to get the current MHWL so they really cant do anything unless they are ready to produce one. And it is their responsibility to have it not the person they want to say is "trespassing"

Not weighing in on the use of beaches, but there has not been any work at the retreat that was county,state or federally funded. There is a project being developed for 30-A beaches, but it is still being developed. That project will include the retreat area.

Not even weighing in on the use of beaches after they are restored? Isn't it a little disingenuous to consult on a project that will be financed with tax dollars (the public's money) and refuse to weigh in on whether or not you think the public then ought to get some use out of their money?

He is one person running basically a federal project. What he thinks is his business and he doesn't need to express it here or anywhere else if he so desires. The project he is heading will do a great service to Walton County. If you don't think so, you are welcome to come look at our beach, what there is left of it.

He is one person running basically a federal project. What he thinks is his business and he doesn't need to express it here or anywhere else if he so desires. The project he is heading will do a great service to Walton County. If you don't think so, you are welcome to come look at our beach, what there is left of it.

You missed my point. I'm not complaining about the project or the need for it. After the beach in Miramar along Old 98 was renourished, at least one condo across the street placed private beach signs on the renourished beach. Both the county and the DEP told me they couldn't do anything about it. Surely you don't think the federal government should spend all that money solely for the benefit of gulf front owners? Why would I want my tax dollars to be spent restoring a beach that I would not be able to use?
Brad can keep his opinion to himself if he likes. But I am entitled to express my own opinion that doing so is disingenuous. And you are free to disagree.

It is not only your opinion but the opinion of the US Supreme Court that once the beach is renourished with public funds it and all of its dry sands (not just mean high tide line) are public. I posted a link to the ruling above. About the signage - we don't see signs advertising hot wings on the beach... The only signage I see are terrible private beach signage that could impede turtle nesting. I want it removed.

Whoa, whoa, whoa... My point was that I wasn't going to weigh in on the discussion of public access on privately-owned property on this non-nourished beach at the Retreat as I went back in forth with BMB Vagrant years ago and it was exhausting. I am completely on board with nourished beaches being publicly-accessible. Sorry for the confusion...

It is not only your opinion but the opinion of the US Supreme Court that once the beach is renourished with public funds it and all of its dry sands (not just mean high tide line) are public. I posted a link to the ruling above. About the signage - we don't see signs advertising hot wings on the beach... The only signage I see are terrible private beach signage that could impede turtle nesting. I want it removed.

Actually, that's not what the case was about. The case was about whether a judicial takings occurred when the Florida State Supreme Court ruled in favor of the State, County, and Destin regarding the legal establishment of an Erosion Control Line. Per Florida law, all sands placed seaward of an erosion control line are state owned and thus open to public use. All sands placed landward of the erosion control line remain in ownership of the upland owner and are subject to any covenants or easements as per the property's deeds.