Customary Use Ordinance Committee Organizational Meeting 1/16/17

[SoWal Staff]

Please be advised that the Customary Use Ordinance Advisory Committee will hold an Organizational Meeting on Monday, January 16, 2017 and two Regular Meetings; one on Monday, January 23, 2017 and one on Monday, January 30, 2017 all beginning at 5:00 PM at the South Walton Courthouse Annex located at 31 Coastal Centre Boulevard, Santa Rosa Beach, FL.

The purpose of these meetings will be to review and discuss the Customary Use Ordinance (2016-23) adopted by the Walton County Board of County Commissioners (BCC) on October 25, 2016, and report recommendations, ideas, alternatives or amendments to the Ordinance that would best serve the residents and visitors of Walton County back to the BCC in February 2017.

 

[steel1man]

Mike Huckabee vice chairman...

 

[John G]

Huckabee has already presented our County with an option that at the time I don't think anyone seriously considered.

Instead, we'll concede to lawsuit after lawsuit and the very real potential for some serious incidents that will effect tourism this season.

Someone needs to film a reality show on the beach, it would have huge ratings...

We can call it "My Beach, Your Beach" as seen on HGTV, FX, TNT or whatever cable channel you want.

 

[Lucas Reynolds]

Questions for Walton BCC Customary Use Committee

1. What is the expected result of the committee?

“Dec 13, 2016 BCC Minutes. Mr. Alan Ficarra asked for clarification regarding the purpose of the committee. Mr. Larry Jones stated the board [Walton BCC] previously adopted a Customary Use Ordinance with an effective date of April 1, 2017. The committee will meet to find alternatives, enhancements, or supplements to provide to the Board of County Commissioners for consideration.” For an ordinance the BCC has already passed? Shouldn't this happened before the BCC passed the ordinance?

Would an alternative be to rescinding ordinance? Beachfront owners are being told they must accept customary use and give up property rights they have now or litigate against Walton tax payers to protect their private property rights? Seems more like property owner extortion. Find alternatives, enhancements, or supplements to the taking of private property rights owners have now or according to Commissioner Comander Walton BCC is willing to spend $40 to $50 MILLION of tax payer dollars to litigate against private property rights owners have today if they [BCC] have to.
https://walton.granicus.com/MediaPl...rttime=3615&stoptime=7297&autostart=0&embed=1

Meeting Public Notice. “The purpose of these meetings will be to review and discuss the Customary Use Ordinance (2016-23) adopted by the Walton County Board of County Commissioners (BCC) on October 25, 2016, and report recommendations, ideas, alternatives or amendments to the Ordinance that would best serve the residents and visitors [what about beachfront private property owners who pay county property taxes?] of Walton County back to the BCC in February 2017.”

2. Walton BCC has already legislated an ordinance to take private property rights that property owners have had and have today without due process of a common law doctrine of custom. How will any change in the ordinance change that fact?

 

[John G]

Questions for Walton BCC Customary Use Committee

1. What is the expected result of the committee?

“Dec 13, 2016 BCC Minutes. Mr. Alan Ficarra asked for clarification regarding the purpose of the committee. Mr. Larry Jones stated the board [Walton BCC] previously adopted a Customary Use Ordinance with an effective date of April 1, 2017. The committee will meet to find alternatives, enhancements, or supplements to provide to the Board of County Commissioners for consideration.” For an ordinance the BCC has already passed? Shouldn't this happened before the BCC passed the ordinance?

Would an alternative be to rescinding ordinance? Beachfront owners are being told they must accept customary use and give up property rights they have now or litigate against Walton tax payers to protect their private property rights? Seems more like property owner extortion. Find alternatives, enhancements, or supplements to the taking of private property rights owners have now or according to Commissioner Comander Walton BCC is willing to spend $40 to $50 MILLION of tax payer dollars to litigate against private property rights owners have today if they [BCC] have to.
https://walton.granicus.com/MediaPl...rttime=3615&stoptime=7297&autostart=0&embed=1

Meeting Public Notice. “The purpose of these meetings will be to review and discuss the Customary Use Ordinance (2016-23) adopted by the Walton County Board of County Commissioners (BCC) on October 25, 2016, and report recommendations, ideas, alternatives or amendments to the Ordinance that would best serve the residents and visitors [what about beachfront private property owners who pay county property taxes?] of Walton County back to the BCC in February 2017.”

2. Walton BCC has already legislated an ordinance to take private property rights that property owners have had and have today without due process of a common law doctrine of custom. How will any change in the ordinance change that fact?

Great points. They show that this committee is really just something to try to fool everyone that "they" the County, are trying to be fair to all affected parties.

The timing is really off, as you've cited, but this is Walton County, Florida, everything is backwards and rarely makes any sense...

 

[FloridaBeachBum]

February 6, 2017 at the end of the third meeting of the BCC Customary Use Advisory Committee, well paid Tallahassee attorney Walton commissioners hired to facilitate the committee , Rod McNeely, asked the 11 committee members the following 7 questions for discussion at the next Feb 13, 2017 meeting. The questions should be read within the context of the Feb 6 meeting and preceding meetings.
Board of County Commissioners on 2017-02-06 5:00 PM - Customary Use Committee Meeting - Feb 6th, 2017

PP (Private Property rights proponents), CU (customary Use proponents)
1. To PP: Should private property owners and Walton share the dry sand areas of the beach?
Moderator; we have to answer the “should” before we can answer the “how”.

[No, private property owner has the right of exclusion and enjoyment and unless the private property owner explicitly permits property use by the public or sharing by common law custom is adjudicated with due process. To establish the public right to “share” private property read Blackstone, as a historical reference used by US courts.]

2. To both PP and CU: Are you facing and inevitable collision(word?) with erosion? Will the beach be different today than in 10 or 15 years?

[The photographs of the Walton littoral shore-line is not that different than it was in 2007 or 2002 or 1975 or 1941. UF Library Aerial photographs of Walton County - 1941 Index ]

3. To CU: Should the public be able to have unrestricted access to the dry sand areas of the beach?

[Not on private property. The historical doctrine of custom over several hundreds of years, criteria of custom described by Blackstone and referenced by American courts is clear, that custom is very limited ... or anything can be claimed as a custom to avoid violating individual rights.]

4. To PP: Should private property owners be able to put up wooden fences on property boundaries? If wooden fences are allowed how about chain link fences? If chain link fences are allowed, how about barbwire fences?
Moderator; Perhaps at some point neither public rights or private rights are absolute.

[Silly strawman question. Property owners should be able to protect their property rights and have their rights enforced, discreetly mark the boundaries of their property (just like Walton has with vendor areas at public beaches), and property boundaries be respected by the public and County (but Walton will have to want to respect themselves and want to educate the public, from their misinformation that all beaches are public, to respect private property). Littoral property boundaries that are least respected, properties next to public access easements, should be able to fence their property boundaries from uninvited persons with unobtrusive (sand?) fencing to the MHWL that can be easily remove in a real emergency.]

5. To both PP and CU: Do property owners get economic benefit unique to them from Walton County being a popular tourist destination? If so does that in any way impact the property taxes and should that be taken into consideration?

[Individual littoral property owners? NO. Commercial property owners. MAYBE. Most of the 900 private property parcels are owned by individuals. Many individual property owners I know wish the TDC would be abolished and give the $20 million a year in advertising back to the tourist to spend in the local economy. Leave beach maintenance and construction to Public Works.]

6. To both PP and CU: Is there anything different or unique about unlawful activities on privately owned dry sand areas verses publicly owned dry sand areas? If there is not then there is one series(?) of solutions.

[Another strawman question. Regulation of beach activities and USE of the beach property should not be defined in any custom claim. Shouldn’t have to if it’s that well know of a custom. Restrictions on use of private property by the owner should not be restricted by activities to manage public use of the beach. If an owner wants 10 foot canopies to use on their property the owner should not be restricted to a smaller 6 foot canopy legislated to limit public density on public beaches.]

7. To both PP and CU: Is beach property different from inland property?
Moderator; FL has what? 935 miles of coastline [Beaches - 663 Miles. Coastline - 1,197 Statute Miles]. Are we unique in FL with beach property and are the rights attached to it different from inland property?

[Yes. Littoral property has additional/more rights than inland property to accretion, erosion, reliction, and avulsion of property boundaries that are well defined by law. Unless, the property owner gives away their right by agreeing to government paid beach fortification on their property and (unique to FL) the establishment of an Erosion Control Line (ECL) then the littoral property owner has the same property rights as inland owners; except more people desire the use of their property than inland property. Over 95% of the Walton littoral property owners rejected establishment of an ECL on their property in 2015. Within a month of the failed project Walton Commissioners started working on legislation to proclaim custom on all Walton private property and passed an ordinance effective April 1, 2017.]


1/23/2017 meeting Board of County Commissioners on 2017-01-23 5:00 PM - Customary Use Committee Meeting - Jan 23rd, 2017
1/30/2017 meeting Board of County Commissioners on 2017-01-30 5:00 PM - Customary Use Committee Meeting - Jan 30th, 2017

Committee Purpose. Please be advised that the Customary Use Ordinance Advisory Committee ... The purpose of these meetings will be to review and discuss the Customary Use Ordinance (2016-23) adopted by the Walton County Board of County Commissioners (BCC) on October 25, 2016, and report recommendations, ideas, alternatives or amendments to the Ordinance that would best serve the residents and visitors of Walton County back to the BCC in February 2017. [As pointed out by the public at the first meeting, unsure why purpose would not also be to “best serve” littoral property owners as well as residents and visitors.]

 

[John G]

Wow, we made National News...

"Northwest Florida is largely inhabited by conservative folk who believe in private property and limited government under the Constitution. Nevertheless, officials in Walton County have been hammering both the First Amendment and property rights in an effort to gain control over private beach areas along the Gulf of Mexico."

Countering Public Officials Who Respect Neither Free Speech Nor Property Rights

Time and $$$ will tell...

 

[John G]

Beachfront property sale sets record (PHOTOS)

Built in 1998, the house features 115 feet of beachfront, and is built on one of Rosemary Beach's original "founders' lots."

I wonder if they'll be at the meeting...

 

[John G]

How is this any different than someone pulling down "No Trespass" signs and ropes? Same premise but different enforcement.

Broken Glass vs. Broken Signs???

POLICE BLOTTER: Man trespasses to commit crime, authorities say