Customary Use and Our 30A Legacy

Discussion in 'Local Government and Groups' started by Reggie Gaskins, Apr 25, 2019.

  1. BlueMtnBeachVagrant

    BlueMtnBeachVagrant Beach Fanatic

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    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.
     
  2. Bob Wells

    Bob Wells Beach Fanatic

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    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.
     
  3. BlueMtnBeachVagrant

    BlueMtnBeachVagrant Beach Fanatic

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    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.
     
    Last edited: Sep 16, 2019
  4. Bob Wells

    Bob Wells Beach Fanatic

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    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.
     
    Last edited: Sep 16, 2019
  5. Auburn Fan

    Auburn Fan Beach Lover

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    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.
     
  6. mputnal

    mputnal Beach Fanatic

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    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...
     
  7. Auburn Fan

    Auburn Fan Beach Lover

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    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.
     
  8. mputnal

    mputnal Beach Fanatic

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    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.
     
  9. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

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    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
     
    Last edited: Sep 18, 2019
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  10. FloridaBeachBum

    FloridaBeachBum Beach Fanatic

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    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.
     
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  11. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

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    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
     
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  12. BlueMtnBeachVagrant

    BlueMtnBeachVagrant Beach Fanatic

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    How dare you limit the The People's and BFO's choices to just two genders! ALL THE PEOPLE demand more sexual identities than just "man/woman". THE wealthy, powerful, politically connected, hired assassins of compromise, entitled, string pullers, disrespectful, angry, politicized impostors, BS pie eaters, oppressive, deceptive, dishonest, not from here, ALL deserve more.
     
    Last edited: Sep 19, 2019
  13. BlueMtnBeachVagrant

    BlueMtnBeachVagrant Beach Fanatic

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    I know you don't really believe that non-BFO are entitled to compensation because of HB-631. So was it supposed to be funny? Did your real estate buddy put you up to this very feeble (and I'm being nice) argument? You know, the other surfing dude.

    Real estate professional who sold a non-beach front property across the street from a public access says to the buyer, "Yes you have beach access."

    Same real estate professional after buyer discovers they never had beach access beyond the 50 foot width and now there is no room to set up because it's too crowded, "Don't worry, my buddy Dave Rauschkolb is going to sue Walton County to get you money because HB-631 devalued your property."

    There's always a minor detail that screws things up: HB-631 did absolutely nothing to change the legal status of ANYONE's property. And that's the TRUTH (click if you missed it the first time).
     
    Last edited: Sep 19, 2019
  14. kayti elliott

    kayti elliott Beach Lover

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    Are people still signing affidavits claiming that they have had free access to the beach for two hundred years?
     
  15. mputnal

    mputnal Beach Fanatic

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    BMBV, you might not believe it but the words I choose to use are quite gentle especially considering the dark view of The People in your words and your message. Trust me I grew up in a small rural town and I have a rather large selection of words that I could have used. My redneck roots would have a field day with your message of The People being unworthy and inferior to your high and mighty position in life. I would repeat your words but I am getting bored with your negativity.

    I thought you were interested in a show all tell all debate? What happened?

    AF, bmbv prefers me to acknowledge your identity differently. I don't think he thinks before he types so if okay with you we will leave it like it is.

     
  16. mputnal

    mputnal Beach Fanatic

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    Kathryn, we all better sign an affidavit that states that we the people want public beach forever. If you do not own beach front property then I am confused on why you would want private beaches. Why would you want future generations of your family to have limited (very limited) access to our beaches?
     
  17. bob bob

    bob bob Beach Fanatic

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    Smells funny in here.
     
  18. bob bob

    bob bob Beach Fanatic

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    :banned:

    :floor:
     
  19. kayti elliott

    kayti elliott Beach Lover

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    I prefer to go to PCB.
     
  20. BlueMtnBeachVagrant

    BlueMtnBeachVagrant Beach Fanatic

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    You might have to dig down in your "redneck" chest of articulate words. You've just ahout exhausted your other supply.

    Now that's funny! Thanks!

    I'm all for David Rauschkolb debating Reggie per his challenge and money for admission going to charity. Thought I've been very clear about that.

    Nope.
    I just don't want you depriving The People from any entitlement such as the right to choose genders. Now think that parody went over your head - but not surprised.
     
    Last edited: Sep 19, 2019

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