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.