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FactorFiction

Beach Fanatic
Feb 18, 2016
494
409
Well let's be real. If my backyard was attracting millions of people I would be OK with closing it. I wouldn't whine. I wouldn't worry that the government is going to erode my property rights. I certainly wouldn't ask the county to pay me if they closed it. That's some grade A manure.

Maybe, but I bet you would be asking (like people did at the BCC emergency meeting) that you, as the owner, still be allowed to actually go in your backyard. Hopefully, you'll never have to find out how you would react. Don't misunderstand me, I wish everyone had voluntarily minimized any grouping on the beach, much less renting or inviting people who don't live here, during this time. Maybe things would be different if people had understood better and earlier how much the whole country would be affected by the virus.
 

jodiFL

Beach Fanatic
Jul 28, 2007
2,476
733
SOWAL,FL
.....Pray tell us why how land is titled bears on this discussion.....
I was referring to the Bay county ordinance that said the homeowner has to show that their name is on the deed in order to be on their "backyard"..... guess the list of "persons" suing the county shows what that has to do with this discussion...."LLCs" and "trusts" seems to make up quite alot of those involved. Be kinda hard to prove your the "person" on the deed if there arent any "persons" actually on the deed.
 

Beacher

Beach Lover
Apr 9, 2020
57
13
Maybe, but I bet you would be asking (like people did at the BCC emergency meeting) that you, as the owner, still be allowed to actually go in your backyard. Hopefully, you'll never have to find out how you would react. Don't misunderstand me, I wish everyone had voluntarily minimized any grouping on the beach, much less renting or inviting people who don't live here, during this time. Maybe things would be different if people had understood better and earlier how much the whole country would be affected by the virus.
It would be nice if our Federal Government wasn't gutted and we were not led by thieves and liars.

I'm glad we have local leaders taking action. Sorry to say these days you have to take a hard hand so people get the message. When we only shut "private" beaches that wasn't strong enough to keep people away.
 

lazin&drinkin

Beach Lover
Apr 13, 2010
174
154
I was referring to the Bay county ordinance that said the homeowner has to show that their name is on the deed in order to be on their "backyard"..... guess the list of "persons" suing the county shows what that has to do with this discussion...."LLCs" and "trusts" seems to make up quite alot of those involved. Be kinda hard to prove your the "person" on the deed if there arent any "persons" actually on the deed.

No, it would not be difficult.

And, like it or not, the Constitution guarantees certain rights which the BCC chose to ignore against the advice of its own counsel. Fact or Fiction has made some excellent points in the preceding posts today.

If our local or state government chooses to ignore the law and infringe on your rights, you have an absolute right to seek justice in the courts. And so do the plaintiffs in the suit at issue. Do you really believe in anarchy? Either we are a government of laws or not. I prefer laws, however imperfect and however imperfectly construed and enforced, to mob rule.

Most still posting on this forum seem to believe that their emotions and prejudices should rule, and to question or object to that indefensible BS is to immediately be subjected to calumny and condemnation. The tyranny of small minds. And we unfortunately have a majority of such minds (and I fear I use the word loosely here) on our BCC.

The plaintiffs in this suit, and I am not one of them, aren't motivated by money in this action. They simply want the county to leave them alone, quit illegally discriminating against them, and allow them the quiet enjoyment of their private property to which they are entitled. A shame they have to endure the time, trouble and expense of a lawsuit to walk or sit in their own yards.
 

bob1

Beach Fanatic
Jun 26, 2010
530
523
The plaintiffs in this suit, and I am not one of them, aren't motivated by money in this action.
Then why are they seeking money? Pretty clear there is a segment of our society that is using this crisis to grab money. Do you doubt Huckabee is following the example set by his buddy in the white house?
 

EZ4144

Beach Lover
Aug 6, 2005
194
107
Sheriff is due in Federal Court on Monday because of this. I would rather his time be spent focusing on more important issues. This BS lawsuit is costing taxpayers money. Draining our county resources and causing us to spend time and money. The people who are doing this are NOT good people.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,305
386
Maybe, but I bet you would be asking (like people did at the BCC emergency meeting) that you, as the owner, still be allowed to actually go in your backyard. Hopefully, you'll never have to find out how you would react. Don't misunderstand me, I wish everyone had voluntarily minimized any grouping on the beach, much less renting or inviting people who don't live here, during this time. Maybe things would be different if people had understood better and earlier how much the whole country would be affected by the virus.

@FactorFiction, I am convinced that there are several "silent" people on this forum who FULLY UNDERSTAND what's really at stake. When the county's own lawyer, a PRO-CUSTOMARY USE ADVOCATE, basically advises the BCC that taking this action will certainly result in a law suit (closing of specific private residential properties, outside the scope of their power), that you would think the BCC would do the right thing and not violate the law, AGAIN.

A commissioner doesn't have to pass a civics class or law exam to be elected. However, they do swear to uphold the Constitution. SELECTIVE DEPRIVATION of one's private property without due process by the government runs against the Constitution. And I'm certain that's what Sidney Noyes was trying to tell the BCC.

Too many vocal folks on this forum reduce their arguments to nothing but emotional diatribes and have little understanding of the law and what's at stake: government encroachment on our liberties. That's not to diminish the seriousness of Covid-19 and distancing.

Quite frankly, I'm surprised that Sheriff Adkinson encouraged the BCC to unlawfully amend the original PUBLIC beach closure ordinance to include private property. The Sheriff's justification, per his online video, was that since the BCC has the authority to issue a mandatory hurricane evacuation (legally enforceable "at gun point"), that they have the same authority to shut down private beach property. The fallacy is that private beach is legally no different than anyone else's backyard. Can you imagine not being to go in your own yard?

When a mandatory hurricane evacuation is issued, ALL PEOPLE must leave. It's not selective. That's where the Sheriff's hurricane evacuation analogy to shutting down particular private properties falls flat on its face.

Now, if the BCC ordered EVERYONE that they cannot use their PRIVATE yards, I believe that order would at least be more consistent, whether or not they truly have the power to do as such.

In reality, at least in Blue Mountain Beach, there was not an issue with too many people using private beach. As a matter of fact, it was pretty much abandoned due to the rental ban. Now I've read that many people are checking into rental properties this week. Assuming these were "renters", I'm all for enforcing the current no short term rental policy (I've obeyed that aspect). Truthfully, it's probably easier to pick on private beach owners for sitting on their own property than it is to figure if these new check-ins are legit or not (i.e. non-rental).

We are all in this together and everyone has been tremendously impacted by this pandemic. I sincerely hope everyone stays safe.
 

30A Skunkape

Skunky
Jan 18, 2006
10,286
2,312
53
Backatown Seagrove
Interesting release from Congressional Research Service. Crash course on Federal Law regarding Constitutional protections for private property owners in context of COVID-19 taking. I am not going to even pretend to act like I am an authority on legal matters, but, it sounds to me that this lawsuit's outcome hinges on whether or not the local government has recognized police power to temporarily close the beach, some of which is private dry sand. Good reading regardless.
https://crsreports.congress.gov/product/pdf/LSB/LSB10434
 
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jodiFL

Beach Fanatic
Jul 28, 2007
2,476
733
SOWAL,FL
"The Constitution does not create property rights. Other sources of law, such as state statutes or common law, create property rights."....


Did I just read that right?
 
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