Customary Use and Our 30A Legacy

[Dave Rauschkolb]

GUEST COLUMN: Customary use is not a private property rights issue

By Dave Rauschkolb | Guest Columnist

Those power brokers intent on denying the public’s right to use and enjoy our beach as we have since time immemorial are determined to paint this as a private property rights issue. Customary use is not an attack against private property rights; it is an affirmation that regardless of ownership of the sand we all have a right to access, use and enjoy our shared coastal American border.

“No entity, regardless of ownership, may deny or exclude Americans or international visitors from freely and lawfully accessing and using our American beaches from the dune line to the mean high tide waterline.” These words should be all that is needed in a federal or state law.

Private property in the conventional sense, beyond our coastal borders is not in dispute. Reams of legal and layman’s arguments have been and are being written to paint non-beachfront owners’ use of our beaches as an attack on private property. It is not because our beaches are very different from conventional private property.

We all own private property and the law is clear on Americans’ right to preserve and protect their private property. That is rarely if ever in dispute. The reason this issue IS in dispute is because we have truly shared our beaches for centuries. The claim of exclusion on beaches, couched in private property rights arguments is a fairly recent development in American history.

We have a shared coastal heritage on our beaches. Clearly our coasts have value, as the closer one purchases to a beach the values are highest. The value and strength of coastal economies depend on the use of our beaches for all. For a finite group of citizens to claim exclusion of our beaches to the rest of all Americans is an affront to all non beachfront-owning Americans.

Those powerful and well-funded people wanting to change a balance that has existed a very, very long time bitterly claim their private property is being taken away. No. They purchased the convenience of being steps from the beach and the view. They can’t build on the sand and there is no tax assessments directly attached to that sand. It is not private property in the conventional sense as it applies to all other land that is private property.

No, this is not about private property, it is about excluding all of us from enjoying and using our most treasured and beloved beaches. Our beaches, the shifting sands of our common Coastal American heritage. Perhaps, besides it not being buildable or taxable, it could be argued that the sandy areas of our beaches may never be called “private” because the land they purchased is constantly on the move by tidal action, wind and storms. How can they claim ownership and exclusion on shifting sand they can’t contain?

I sincerely hope that any BFO who is looking to list their home, not do so with any ECAR affiliated broker except for the one mentioned above.

ECAR had ABSOLUTELY NO RIGHT to take sides in this CU debate as a commercial entity, IMHO.

MONEY resulting from increased development and commissions is the only reason they did take sides.

Just a casual reminder to some CU folks who don’t truly don’t understand the benchmarks of CU....MONEY, economics, property values, etc. are NOT one of them, period.

ECAR (made up many local brokers) is as big of a hypocritical organization as I have ever seen.

Dude, my brain hurts.

So, I guess it stands to reason, if he's scouring for spelling errors, he's likely monitoring IP addresses as well.... hmmmm.

Sounds like last fall. There was talk he started some fake FBI investigation rumor in order to have a large group of members completely blocked from a popular community page. (And now he wonders why all the pseudonyms?)

Additionally he just published his latest inflammatory propaganda in three local rags. One week before his protest in the beach. To the day. Bet that got the sherrrifff's attention.

Sure is a busy little guy, isn't he? I would love to use Jensky's label here, but I don't dare say it out loud, like she gets away with.

And yet still, we are supposed to believe that Dave and FBFA have "no coordination whatsoever in what happens on our beaches".
Yeah, right.

"You know you're a powerbroker if..."

Yes because every member agrees with ECAR leadership lol. What a stupid position to take.

What are we missing here? Nina Horn, a Scenic Sotheby's Realtor is President of ECAR.

 

[Dave Rauschkolb]

SO WHAT! Are the facts any different? Are the questions not answered asked not valid?

Dave Rauschkolb you should know the difference between anonymous and pseudonyms. Why do you keep repeating yourself about "anonymous" posts? Ben Franklin and Mark Twin used pseudonyms and that did not lessen the facts they wrote about. The facts are facts no matter what name you use.
#646 Customary Use Will Destroy Our 30A Legacy

Lake View Too's ad nauseum mantra must have worked on you.
"The first and perhaps the only rule in propaganda is: if you tell a lie over and over and over and over and over again, the populace will start to believe it is true. That’s what this thread is all about." At least LV2 has stopped those repetitive senseless posts and disrespectful grave photo-manipulated image.
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#816 Customary Use Will Destroy Our 30A Legacy

Your meaningless whining (to use CU advocates word) has been addressed before. #538 Are you referring to Lake View Too, bob bob, poppaj, Dawn, EZ4144, MRBS, Duchess, Jenksy, L.C. Bane, mputnal, buster, Leader of the Banned, Emerald Drifter, ShallowsNole, or jodiFL on this thread? How do you know Jim Tucker, James Bentwood, Pam Hicks are not pseudonyms? Customary Use Will Destroy Our 30A Legacy

"I never even thought for a second to represent anyone but myself when I got on this forum so many years ago." You never for a second had mass antisocial media lies, shaming, or staging confrontations on your private property either.

"Is it really behavior that caused the CU vs Private beach issue?" Behavior, cause CU? NO. Commissioners baseless CU beliefs lit the fire and caused "the CU vs Private beach issue?" You and those that just believe CU fan the flames on antisocial media and make it worse.

 

[Auburn Fan]

To Dave:

Ladies and Gentlemen of SoWal,
The fact that Dave refuses to answer a single legitimate question as the Chairman of the Activist group driving this noise, should tell you a lot. He complains about normal practice of online screen names. He sees ghosts in the shadows by the common misspelling of a single word. Yet, if he REALLY wanted to know these identities, we have seen here that many of them have offered to sit in public, in the daylight, for a public discussion of the facts. No less than 8 people, including here, have asked Dave for this discussion. He refuses. I can't tell you why he spends all of his time attacking identities but not a minute solving or even DISCUSSING the problem. But you can ask yourself - why won't he meet in public with Reggie and others if it's SOOOOOOOO important to know their identity?

 

[FloridaBeachBum]

What are we missing here? Nina Horn, a Scenic Sotheby's Realtor is President of ECAR.

Emerald Coast Association of Realtors (ECARS) President Nina McCaslin-Horn ECAR predecessor is Liz McMaster, a Florida Beaches for All (FBFA) board member. I said I'd consider listing with the 3 Scenic Sotheby's brokers on the letter - not any Walton agent, including Nina.

Understand you are good buds with CEO Arnold Keith Dean, who hosted your FBFA February 26, 2019 CU [mis]information meeting at the ECAR South Walton offices, obviously you know REALTOR Liz McMasters, and you must know current ECAR President Nina McCaslin-Horn. Why don't you tell us what we are missing; does the ECAR President support CU or not?

"No, this is not about private property..." What is it about Commissioners' litigation with 4,671 BOFs that's "not about private property"?
If I were you and did not have anything CREDIBLE to add you should remain silent to the CU questions; but the meaningless photos are getting old. No factual credibility.

Great Paul Zmigroski reply to your NW Florida Fake News baseless Guest Column. Won't even address the fake FateEady CUer posting as a property advocate - like SoWal fake "Pam Hicks" stupid posts to discredit the President.

 

[BlueMtnBeachVagrant]

Yes because every member agrees with ECAR leadership lol. What a stupid position to take.

Blake Morar and Chris Abbott, both owners/brokers of Scenic Sotheby’s in Santa Rosa Beach penned the following letter, definitely taking the high road without taking sides.

I don’t think their position is stupid. Contrary, it was well thought out and it took balls to stand up to the very unprofessional way ECAR has injected themselves in the CU debate.

Maybe the other owned Sotheby offices are in disagreement including the one Nina McCaslin Horn works for. BTW, she’s only a realtor, not a broker or owner according to Sotheby’s website.

 

[Poppaj]

Blake Morar and Chris Abbott, both owners/brokers of Scenic Sotheby’s in Santa Rosa Beach penned the following letter, definitely taking the high road without taking sides.

I don’t think their position is stupid. Contrary, it was well thought out and it took balls to stand up to the non-professional way ECAR has injected themselves in the CU debate.View attachment 77638

Yes it’s stupid because you choose to punish all of the other members on leadership opinion without knowing their personal positions. Stupid.

 

[BlueMtnBeachVagrant]

Yes it’s stupid because you choose to punish all of the other members on leadership opinion without knowing their personal positions. Stupid.

Then why don’t the other members who agree that ECAR should not be taking a stand, for or against, simply pen their own letters to ECAR? Fear of reprisal?

Just to clarify, an agent can have their own personal opinion on CU - I have no problem with that. But to be associated with ECAR and not speak up as Blake Morar and Chris Abbott that ANY STAND on CU by that real estate organization which is supposedly held to higher standard than your typical business is wrong and unprofessional.

Call me stupid, but I’d seriously consider taking my business to Blake and Chris first.

Oh wait....you already did.

 

[Dave Rauschkolb]

That is the most BS narrative that you can come up with. To say that Florida beaches for all has had anything to do with harassing anyone is ridiculous. I’ve spoken at length with the sheriff as well. Individuals, Good people who have invested here and are not beachfront owners and those who are are visiting here, react to having their right to use the beaches restricted on their own and it happens pretty often on our SoWal beaches. I’m sure that those instances are well documented with the Sheriff. We, Florida beaches for all has no control or coordination whatsoever in what happens on our beaches and for you to insinuate that Florida beaches for all has anything to do with harassing anyone is an absolutely outrageous statement.

 

[FloridaBeachBum]

That is the most BS narrative that you can come up with. To say that Florida beaches for all has had anything to do with harassing anyone is ridiculous. I’ve spoken at length with the sheriff as well. Individuals, Good people who have invested here and are not beachfront owners and those who are are visiting here, react to having their right to use the beaches restricted on their own and it happens pretty often on our SoWal beaches. I’m sure that those instances are well documented with the Sheriff. We, Florida beaches for all has no control or coordination whatsoever in what happens on our beaches and for you to insinuate that Florida beaches for all has anything to do with harassing anyone is an absolutely outrageous statement.

#883 Customary Use Will Destroy Our 30A Legacy
Dave Rauschkolb, do you deny Florida Beaches for All (FBFA) attorney Daniel Uhlfelder intentionally trespassed on Vizcaya private property on multiple near-consecutive days and posted it on social media was not planned (staged)? The Deputies told Uhlfelder he was on private property the first time he trespassed, Vizcaya's legal plat and public pedestrian easement to the foreshore has been post on this thread, Walton Beach Director BCC video was heard to say many (including Vizcaya) easements are on PRIVATE property and the Commissioners, TDC, and public have NO rights other than crossing the sand to the foreshore. Your posts are Not CREDIBLE. Or do you just choose not to believe legal documents and the law?

What legal "right" do people and visitors have to use private property beaches without the owners consent? Please specify the US law or do you believe it is just the "law of the sand"?

 

[BlueMtnBeachVagrant]

That is the most BS narrative that you can come up with. To say that Florida beaches for all has had anything to do with harassing anyone is ridiculous. I’ve spoken at length with the sheriff as well. Individuals, Good people who have invested here and are not beachfront owners and those who are are visiting here, react to having their right to use the beaches restricted on their own and it happens pretty often on our SoWal beaches. I’m sure that those instances are well documented with the Sheriff. We, Florida beaches for all has no control or coordination whatsoever in what happens on our beaches and for you to insinuate that Florida beaches for all has anything to do with harassing anyone is an absolutely outrageous statement.

You know what’s BS? My post that you’re responding to no longer exists.

You know what else is even bigger BS? Your inability to admit to anything..

Fact. Daniel Uhlfelder was instrumental in forming FBFA.

Fact. Daniel Uhlfelder legally represents FBFA as co-plaintiff.

Fact. Daniel Uhlfelder intentionally trespassed on private property on multiple occasions to harass the private property OWNERS as well as the sherrriifff’s department.

Maybe you failed Logic 101, but as I and many others see it, FBFA is simply guilty of harassment. Throw as much “BS” at it as you can but you will NEVER cover up those simple and clear facts.

Added: Just another nail in the coffin of 30A’s “Legacy”.