Customary Use and Our 30A Legacy

[BlueMtnBeachVagrant]

The Santa Rosa Island Authority were already discussing increasing the lease fees and at least on of the board members said first lets look at if we needed to do that. Secondly, I have yet been able to find any place where County Commissioners were involved in the selling off of the land except for one. Thirdly, it is moot, they had a Referendum on the issue and 80% or so voted to leave things as they were. Government listened! I searched and could not find one place where Representative Gaetz was asked to step in. Maybe I did not go far enough back or maybe it didn't make the news, or maybe it was done a little like the county specific law that required Walton to take its citizens to court to keep customary use. Of course these are just my opinions, and like belly buttons and assholes we all got them.

I fully understand why you won’t admit to the obvious. Again, the reason I brought up Santa Rosa Island: that Dave and Daniel tried to tag on to the victory achieved in keeping EXISTING PUBLICLY OWNED BEACH public in Pensacola. And this is clearly contrasted here in Walton County where CU advocates are trying to convert EXISTING PRIVATE BEACH to public. That’s the “TRUTH”.

If I’m not seeing this right, please enlighten me. Otherwise it’s just another mistruth (implying a similarity) that Florida Beaches for All continues to perpetuate, that Dianne’s victory somehow benefits the CU assault.

BTW, I’m all for more public beach, legally obtained, of course.

 

[Bob Wells]

I fully understand why you won’t admit to the obvious. Again, the reason I brought up Santa Rosa Island: that Dave and Daniel tried to tag on to the victory achieved in keeping EXISTING PUBLICLY OWNED BEACH public in Pensacola. And this is clearly contrasted here in Walton County where CU advocates are trying to convert EXISTING PRIVATE BEACH to public. That’s the “TRUTH”.

If I’m not seeing this right, please enlighten me. Otherwise it’s just another mistruth (implying a similarity) that Florida Beaches for All continues to perpetuate, that Dianne’s victory somehow benefits the CU assault.

BTW, I’m all for more public beach, legally obtained, of course.

My opinion is this. Prior to the State stepping in we had CU. Whether the beach is private or not did not even enter into it. People for as long as I have lived here coexisted on those very same beaches. Then someone or a group of someone's, with pull was able to change what was occurring and for some reason it only affected 1 county. Whether we can see each others point of view on this is moot, because I have followed this thread long enough to know what comes next. That said, I believe politics had a hand in this as it did in the Santa Rosa Island Authority. I also believe, had Representative Gaetz succeeded the People of Escambia would have been faced with exactly what the People of Walton are having to deal with. Of course these are just my opinions.

 

[BlueMtnBeachVagrant]

Just reread the Florida Property Owner Bill of Rights that went into effect on July 1st of this year. Not sure why Florida felt the need to codify federally protected rights except for maybe putting counties like Walton on notice especially on items 5, 6 and 7.

FLORIDA PROPERTY OWNER BILL OF RIGHTS​

This Bill of Rights does not represent all of your rights under Florida law regarding your property and should not be viewed as a comprehensive guide to property rights. This document does not create a civil cause of action and neither expands nor limits any rights or remedies provided under any other law. This document does not replace the need to seek legal advice in matters relating to property law. Laws relating to your rights are found in the State Constitution, Florida Statutes, local ordinances, and court decisions. Your rights and protections include:
1. The right to acquire, possess, and protect your property.
2. The right to use and enjoy your property.
3. The right to exclude others from your property.
4. The right to dispose of your property.
5. The right to due process.
6. The right to just compensation for property taken for a public purpose.
7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property.
Section 4. This act shall take effect July 1, 2019. Approved by the Governor June 26, 2019.
Filed in Office Secretary of State June 26, 2019.

My opinion is this. Prior to the State stepping in we had CU.

Yes, I understand that this your opinion, “your truth”. However, the pre-existence of customary use cannot be true because item #5 (due process) was completely ignored by the county when they originally passed the customary use ordinance. This is fact (truth) and cannot be debated. And a super majority in the house and senate confirmed as much in a bill.

And this judicial requirement existed long, long before the county attempted to ramrod customary use down the throats of private property owners.

It scares me to think that a government body had the audacity to play around with something as sacred as private property rights without due process. It should scare you and everyone else too, but I sincerely and respectfully believe you (and others) are too blinded by your desire for customary use at any cost.

 

[Bob Wells]

As I said, "I know what comes next." Well this is an easy end to a conversation. When the courts rule then we both will know how this turns out. Guess you can stop the law suits if you and those who are opposed to CU can get the votes next November on the BCC.

Just reread the Florida Property Owner Bill of Rights that went into effect on July 1st of this year. Not sure why Florida felt the need to codify federally protected rights except for maybe putting counties like Walton on notice especially on items 5, 6 and 7.

FLORIDA PROPERTY OWNER BILL OF RIGHTS​

This Bill of Rights does not represent all of your rights under Florida law regarding your property and should not be viewed as a comprehensive guide to property rights. This document does not create a civil cause of action and neither expands nor limits any rights or remedies provided under any other law. This document does not replace the need to seek legal advice in matters relating to property law. Laws relating to your rights are found in the State Constitution, Florida Statutes, local ordinances, and court decisions. Your rights and protections include:
1. The right to acquire, possess, and protect your property.
2. The right to use and enjoy your property.
3. The right to exclude others from your property.
4. The right to dispose of your property.
5. The right to due process.
6. The right to just compensation for property taken for a public purpose.
7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property.
Section 4. This act shall take effect July 1, 2019. Approved by the Governor June 26, 2019.
Filed in Office Secretary of State June 26, 2019.

Yes, I understand that this your opinion, “your truth”. However, the pre-existence of customary use cannot be true because item #5 (due process) was completely ignored by the county when they originally passed the customary use ordinance. This is fact (truth) and cannot be debated. And a super majority in the house and senate confirmed as much in a bill.

And this judicial requirement existed long, long before the county attempted to ramrod customary use down the throats of private property owners.

It scares me to think that a government body had the audacity to play around with something as sacred as private property rights without due process. It should scare you and everyone else too, but I sincerely and respectfully believe you (and others) are too blinded by your desire for customary use at any cost.

 

[Auburn Fan]

Bob Bob has suggested that SoWal adopt a slogan, "Respect the beach or leave." But, there's the rub.
What about someone who does not respect the beach, but refuses to leave? On private property. Who gets to decide when someone must leave? This lawsuit is not about giving you the absolute right to be on any beach. It's about transferring the decision power of exclusion from the homeowner to the county.

New Orleans has the phrase, "Be nice or leave." What if a beachgoer is not breaking any criminal law, but is not nice, and is on your private property? Shouldn't you, the owner, be allowed to insist an unkind person leave your private property?

CU is not a religion, just because one "believes" in it.
Thousands of Walton county homeowners have been sued by the BCC, and now Dave's FBFA, to obliterate their right to simply tell an unkind person to leave their private property. At their own personal expense, over 700 homeowners are standing up to the County & FBFA's attack, defending the loss of property rights that came with their deeds. That's right. Over 700. They can't all be "greedy elitists".

Property rights will prevail in court. In the meantime, the unkind activists escalate the division in our county.

Last year, Dave Rauschkolb minimized the far-reaching constitutional implications of this deliberate attack on basic property rights and convinced the county that only a handful of beach owners would even show up when sued by the county. He was wrong.

 

[mputnal]

AF, no one is saying, suggestion or allowing disrespectful people on the beach. Both sides of this is in agreement regarding beach behavior. You and others are reaching down into the deep political divide to try and cause fear that The People (citizens and local government) are just wanting to take away your property. Not true. Never was true. The lawsuit will fix those deeds that give an incorrect description of property owned to the MHWL. Of course we can debate that issue but what you are suggesting is that each private or commercial building be given exclusive rights to have absolute control of a natural resource. You might own property on the beach so that would be good for you or would it? Are you suggesting that women and children be arrested and taken to jail when "you" decide inappropriate behavior? I have read enough in this forum to know that just can't happen because individuals who have power are at some point going to abuse that power. Your side of this seems to think that most BPO's want that power. I do not believe they do and this entire conflict has been manipulated by our political divide. The BPO's have been deceived, misdirected and manipulated into the bad old government and the bad old people just want to "take" something from you. I have read nothing from Dave that says that disrespectful behavior is unimportant. As a matter of fact he agrees with BPO's regarding respectful behavior. The truth is once wealthy, powerful and politically connected people have control of the beach there will be very very little beach for the public...

 

[Auburn Fan]

Quit trying to fabricate some class war between "The People" and "BPOs". Beach property owners are people too. Take your divisive speech elsewhere - it's tiresome. Earlier you said you were done with this thread. Be a man of your word, Mark.

 

[mputnal]

AF, be a man/woman and stop hiding your name.

I responded back to Kathryn because it seemed she was asking me a question. I responded to you because you are not being truthful in that CU supporters or public beach supporters (they may or may not be one and the same) are promoting bad beach behavior. If I am wrong prove where anyone has said that bad beach behavior is okay.

You have really been drinking the cool aide of political divisiveness. I do not believe in a class war. I do believe that wealth has power and this power must not be abused by controlling our beach resources. If you keep trying to change my message I will keep posting. Up to you.

 

[Dave Rauschkolb]

FLORIDA PROPERTY OWNER BILL OF RIGHTS


This Bill of Rights does not represent all of your rights under Florida law regarding your property and should not be viewed as a comprehensive guide to property rights. This document does not create a civil cause of action and neither expands nor limits any rights or remedies provided under any other law. This document does not replace the need to seek legal advice in matters relating to property law. Laws relating to your rights are found in the State Constitution, Florida Statutes, local ordinances, and court decisions. Your rights and protections include:

1. The right to acquire, possess, and protect your property.

2. The right to use and enjoy your property.

3. The right to exclude others from your property.

4. The right to dispose of your property.

5. The right to due process.

6. The right to just compensation for property taken for a public purpose.

7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property.

Section 4. This act shall take effect July 1, 2019. Approved by the Governor June 26, 2019.

Filed in Office Secretary of State June 26, 2019.



So, I’m glad that BlueMountain Beach Vagrant brought up the topic of this property owners bill of rights for Florida.

No one can dispute that property either on the beach or close to the beach has more value than property that is a long ways from the beach. The beachfront owners paid for the view and convenience of being right on the beach and non-beachfront owners certainly pay for the convenience of being a walking distance from a usable beach.

So number seven is quite an interesting component of this Florida Property Owners Bill of Rights. Effectively, any non-beachfront owner whose property values may go down or rental incomes may decrease as a result of this, the legislative action of House Bill631, may be in a position to seek “right of relief or payment of compensation” because this new law, if they are located near a beach access that prior to HB631 had wide-open use.

In the event that the action of House Bill631 unfairly and negatively affects the value of their non-beachfront property because the valuable walk up unlimited use that they previously enjoyed no longer exists and if it can be proved that their values are negatively affected and their rental incomes decrease this could set up a large number or class of people that could be affected and seek legal action for compensation.

I would say the tide of this Legislation moves the sands in both ways in this instance. You can’t protect one class of people and not another. I would say many hundreds if not thousands of property owners who don’t own on the beach could effectively make the case that their property has been unfairly affected by House Bill 631.


It’s right here in black and white:

7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property

 

[FloridaBeachBum]

Dave Rauschkolb, you should stick to serving Mai Tai alcoholic beverages at your beach-view 30A business and not legal opinions. Or did this real property rights “belief” come from the FBFA attorney who should know better?
What rights were taken by the Government from the inland property owners that is incorporated in their title as describe by the deed? None. No take, no Government compensation.
I’m not even an attorney and understand your legal “belief” is baseless malarkey and irrelevant except to the CU antisocial medial campaign of misinformation.
Let’s have some facts and not baseless opinions please. Let the emotional shutdowns and baseless class warfare conspiracies begin.