Beach Property Rights - public/private
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Re: Private Property Owner's Rights Being Attacked
You are practically hitting the nail on the head without knowing it.
IF the beaches become "OFFICIALLY" public via all good intentions from you and your peers, the REAL problems for our area start then.
Let us assume the county got passed the millions of dollars of litigation that would certainly follow the taking of private property. Remember, it must be decided on a case by case basis per the Florida Attorney General.
How would they fund their empty coffers?
"Hey, I know! Let's allow high rises and collect taxes and help our buds while we're at it! Getting rid of those height restrictions will be a walk in the park compared to taking private property."
Open the window and the light shine in.
You are practically hitting the nail on the head without knowing it.
IF the beaches become "OFFICIALLY" public via all good intentions from you and your peers, the REAL problems for our area start then.
Let us assume the county got passed the millions of dollars of litigation that would certainly follow the taking of private property. Remember, it must be decided on a case by case basis per the Florida Attorney General.
How would they fund their empty coffers?
"Hey, I know! Let's allow high rises and collect taxes and help our buds while we're at it! Getting rid of those height restrictions will be a walk in the park compared to taking private property."
Open the window and the light shine in.
Re: Private Property Owner's Rights Being Attacked
I'm more than willing to let the speedy (sarcasm alert) wheels of justice decide case by case challenges to the beaches being declared public...........as long as they remain public while it's being decided.
And we can certainly get creative by making the property owner responsible for the court fees & expenses incurred by their challenge, so we won't need to finance your hissy fit with high-rises!
I'm more than willing to let the speedy (sarcasm alert) wheels of justice decide case by case challenges to the beaches being declared public...........as long as they remain public while it's being decided.
And we can certainly get creative by making the property owner responsible for the court fees & expenses incurred by their challenge, so we won't need to finance your hissy fit with high-rises!
Re: Private Property Owner's Rights Being Attacked
Dumb argument (scare tactic).
If the county racked up millions of dollars in litigation fees, so would the property owners.
BMBV?.you will inevitably follow the path of least resistance and pain ?grudgingly acknowledging the public?s continued access to the beach and opting not to spend millions (apparently) to fight a losing battle.
????.your only hope is to keep trying to wip up some sort of fear in people that public access to the beach will somehow result in 40 story condos, massive overdevelopment and the eventual destruction of SoWal.
Not buying into the scare tactic. Sorry.
Dumb argument (scare tactic).
If the county racked up millions of dollars in litigation fees, so would the property owners.
BMBV?.you will inevitably follow the path of least resistance and pain ?grudgingly acknowledging the public?s continued access to the beach and opting not to spend millions (apparently) to fight a losing battle.
????.your only hope is to keep trying to wip up some sort of fear in people that public access to the beach will somehow result in 40 story condos, massive overdevelopment and the eventual destruction of SoWal.
Not buying into the scare tactic. Sorry.
Re: Public's beach rights being attacked
You know when I moved here few roads were paved, no cable was available, no sewer, and not too many people lived here. No problems with crowds or traffic. Nobody ever asked me to get off the beach. By your reasoning we need to get rid of paving, cable, and sewer.
You know when I moved here few roads were paved, no cable was available, no sewer, and not too many people lived here. No problems with crowds or traffic. Nobody ever asked me to get off the beach. By your reasoning we need to get rid of paving, cable, and sewer.
Re: Public's beach rights being attacked
Maam I dont think that you fully understand exactly what is being fought for here regarding the public/private thing. We are not trying to take your property away from you. But with all the development the accesses for the residents that dont live on the beach are approximately 12' wide. They are made to park and walk a long way to get to one of these accesses and then have no where to go but either to the left or right of that small strip but when "Private owners" tell them they cant go past a certain point when they get there it is not customary use of that beach we all claim as ours. As was said before, the county cleans that beach so its not like they are going to trash the beach, if they do our tax dollars pay to clean it. They arent going to come up your walkover and park it on your deck, they are going to stay at the waters edge.But I personally dont like to put my blanket or chair IN THE WATER.
Re: Private Property Owner's Rights Being Attacked
there are public beaches in Destin & PC?? I thought there were just shopping centers & restaurants... go figure!
there are public beaches in Destin & PC?? I thought there were just shopping centers & restaurants... go figure!Re: Public's beach rights being attacked
there werent even WALKOVERS when I moved to SOWAL.
Re: Private Property Owner's Rights Being Attacked
That concept is where I have a real problem.
If "someone" uses your property over and over, they feel entitled to it. There is some law here in Georgia that if you've driven a path over private property everyday for x number of years unimpeded, you basically get an easement. I can see that. It is one individual usually trying to get to their property that may be landlocked (public road wise), etc.
But the difference between the above and the beach situation, in my opinion only, is that we're NOT talking about an individual. We're talking about the public. I'm no lawyer, but I believe the legal rights afforded to the "public" are not the same as the rights afforded to an individual or other LEGAL entity. I believe this is the only reason why Walton County, a legal entity, can drive on the beach through our property. They have done it for x number of years without oppsosition.
So what defines the public as using the beach for X years? Joe Blow showed up in 1987 and Jane Doe showed up in 1994? I hope you see my point. I believe this is exactly why the attorney general said it would have to be decided on a case by case basis.
What is your opinion on the definition of "the public has used the beach for years"?
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That concept is where I have a real problem.
If "someone" uses your property over and over, they feel entitled to it. There is some law here in Georgia that if you've driven a path over private property everyday for x number of years unimpeded, you basically get an easement. I can see that. It is one individual usually trying to get to their property that may be landlocked (public road wise), etc.
But the difference between the above and the beach situation, in my opinion only, is that we're NOT talking about an individual. We're talking about the public. I'm no lawyer, but I believe the legal rights afforded to the "public" are not the same as the rights afforded to an individual or other LEGAL entity. I believe this is the only reason why Walton County, a legal entity, can drive on the beach through our property. They have done it for x number of years without oppsosition.
So what defines the public as using the beach for X years? Joe Blow showed up in 1987 and Jane Doe showed up in 1994? I hope you see my point. I believe this is exactly why the attorney general said it would have to be decided on a case by case basis.
What is your opinion on the definition of "the public has used the beach for years"?