With all that's happened in the past several months with total disregard for private property rights, I thought I'd throw in a couple of observations.
I'm pretty sure that Customary Use does not give the county the right to nourish a beach without the private property owners' permission for a construction easement.
How soon we forget. In 2005 Walton fortified the western Walton and Okaloossa the eastern Destin private and public beaches. A few private property owners objected and did not sign easements to do the construction on their private property.
March 27, 2006 – Special/Regular Meeting Prepared by: Brook Spires, page 7
"Mr. Brad Pickel, Director of Beach Management, discussed the issues regarding the upcoming Western Walton County Beach Restoration Project. He stated that the project is going well and moving 300-400 feet per day. He requested the Board’s direction regarding three property owners who requested that the area of beach in front of their homes not be renourished. Mr. Pickel explained that the county’s options are to restore the entire beach [against the property owners wishes] or to bypass those homes. He explained that bypassing that area would create a low-lying area which would be prone to future damage. Attorney Hallman felt that the county would be subject to litigation regardless of the chosen action. He explained that the Board has the inherent
police power to restore the entire beach, including those where owners are in objection. Mr. Pickel felt that it is in the county’s best interest to restore the entire span of beach.
Motion by Commissioner Cuchens, second by Commissioner Pridgen, to continue the restoration project including the areas where the property owners are in opposition. Ayes 5, Nays 0. Jones Aye, Meadows Aye, Pridgen Aye, Brannon Aye, and Cuchens Aye."
The BCC's intent and vote was to use police powers on properties without easements. I was told the BCC did not use police powers on the Walton properties without easements. Regardless Walton BCC voted to misuse their police power. Would this or future BCC do it again?