Customary Use and Our 30A Legacy

[FloridaBeachBum]

Now I’m really confused. I thought you would want litigation to have a judicial decision to “solve” this forever.

If litigation is what it takes - BRING IT ON. BFOs are the Defendants in a de novo CU litigation. Commissioners have the burden of proof. It is all or nothing. If BFOs prevail we likely get our legal fees back from the Walton tax payers and I for one will not share our private beachfront as we have for many decades. Clear?

 

[FloridaBeachBum]

It’s interesting that 1974 Tona-Rama lost its public prescriptive easement of private property case in the FSC and that the judges' vote were 3 concurred, 2 dissents, and one could not make up his mind and split his vote. 3.5 to 2.5?
Customary Use Will Destroy Our 30A Legacy

Florida in 1974, had been since statehood, was a decidedly a political Democratic state then. I wonder if the US SC had reviewed Tona-Rama how that would have turned out? Hopefully if we need to; we’ll find out. Today, 2019, Florida is not a progressive Democratic state. We just made career Florida Democratic politician, Bill Nelson, unemployed. Hopefully the courts will interpret the law and Constitution and not make law up as they go; like in Tona-Rama.

 

[BlueMtnBeachVagrant]

If litigation is what it takes - BRING IT ON. BFOs are the Defendants in a de novo CU litigation. Commissioners have the burden of proof. It is all or nothing. If BFOs prevail we likely get our legal fees back from the Walton tax payers and I for one will not share our private beachfront as we have for many decades. Clear?

I’ll take a wild a$$ guess and say there are at least 650 parcel owners who totally concur.

 

[PoppaJ]

If litigation is what it takes - BRING IT ON. BFOs are the Defendants in a de novo CU litigation. Commissioners have the burden of proof. It is all or nothing. If BFOs prevail we likely get our legal fees back from the Walton tax payers and I for one will not share our private beachfront as we have for many decades. Clear?

And if CU prevails you will still be looking at the same beach on the same water as you do now and will be welcome to use it as before.

 

[Auburn Fan]

And if CU prevails you will still be looking at the same beach on the same water as you do now and will be welcome to use it as before.

Exactly who do you mean would be welcoming a BFO to enjoy his own private property?

Additionally, who is going to manage the density in order to adequately protect the entire sensitive beach ecosystem as well as preserve the unique beach experience that distinguishes Walton County beaches from our neighboring counties? You know, the whole reason why people choose to live and vacation here in the first place, instead of Okaloosa or Bay County.

 

[PoppaJ]

Exactly who do you mean would be welcoming a BFO to enjoy his own private property?

Additionally, who is going to manage the density in order to adequately protect the entire sensitive beach ecosystem as well as preserve the unique beach experience that distinguishes Walton County beaches from our neighboring counties? You know, the whole reason why people choose to live and vacation here in the first place, instead of Okaloosa or Bay County.

All the people setting up for day would welcome them, aka “their new friends.”
News flash, people also choose to live and vacation in Okaloosa and Bay county instead of here.

 

[Charles Evans]

All the people setting up for day would welcome them, aka “their new friends.”
News flash, people also choose to live and vacation in Okaloosa and Bay county instead of here.

Perhaps a silly question, but would not a significant amount of the access to the beach issue go away if the County didn’t give away 50% of the public beaches (how many miles?) to vendors? Disclosure - we are full timers, but do not own beach front. Would this not free up a tremendous amount of space for locals and tourists to set up in great locations at no cost?

 

[FloridaBeachBum]

Are you talking about these new friends? Regardless of private property rights or public customary use of property the Walton Commissioners have the civic duty and responsibility to all Walton citizens to police and enforce bad behavior on the beach. If a proposed “compromise” for BFO’s is to give up their Constitutionally protected property rights they have had since 1776 and have today for beach behavior enforcement the inept Walton Commissioners’ already have a civil duty to do; good try FBFA, BFOs are smarter than that.

CU is only about legal property rights. Any thing else is politics; so far decades of bad politics and the Walton commissioners' shifting the burden to BFOs for their failure to manage supply & demand and growth. I think there is enough demand if people choose less crowded public beaches in neighboring counties. Just look at the bed taxes collected. Up 17.8%. By the way Okaloosa and Bay counties along with 65, other Florida counties do not have a public customary use of private property ordinance.
Report: Walton County top-performing local economy in Florida. Apr 5, 2019

Besides police can’t enforce respect, consideration, and decency for others. Like beach spreading and beach cities (or antisocial media campaigns). Although private property owners can if the Sheriff would do his duty and enforce the laws as written and stop making up not legal property boundaries’ like the “wet sand”.

Other states like NJ have passed ordinances for Beach Spreading. A symptom of “Tragedy of the [Beach] Commons”.

I just liked this beach photo.

 

[Reggie Gaskins]

Perhaps a silly question, but would not a significant amount of the access to the beach issue go away if the County didn’t give away 50% of the public beaches (how many miles?) to vendors? Disclosure - we are full timers, but do not own beach front. Would this not free up a tremendous amount of space for locals and tourists to set up in great locations at no cost?

Yes Charles. This single vendor problem resolution would return much more than 50% of lost public beach - right back to citizens and tourists, immediately. This proposal has been suggested to CU proponents, WCBC, and gets deleted from the anti social media pages of Walton County every time the math is displayed. It wouldn't cost county or tax payers a dime. It wouldn't require a multimillion dollar/multi year lawsuit. It wouldn't tear the community apart. You are a smart man. Why do you think then, that community "Leaders" bury this obvious solution every time it comes up, and choose to attack and sue innocent property owners instead? Any guesses?

 

[PoppaJ]

Perhaps a silly question, but would not a significant amount of the access to the beach issue go away if the County didn’t give away 50% of the public beaches (how many miles?) to vendors? Disclosure - we are full timers, but do not own beach front. Would this not free up a tremendous amount of space for locals and tourists to set up in great locations at no cost?

I’ve always felt that the county should build well designed kiosks at the beach and either rent or hold a new auction each season for their use by vendors. No setups until the customer comes to the kiosk to rent the chairs, umbrellas, etc. to be self setup or have an attendant set them up. No more morning staking out of large amounts of beach real estate by vendors. The newly rented chairs would be placed among all other beach goers.