Customary Use Will Happen On Sowal Beaches

[John G]

For the record, David Pleat and David Bailey, Rosemary Town Manager are both on our ABSW board and are against Customary Use. ABSW as an organization takes no position on local issues. The ABSW Board is made up of a politically diverse group solely focused on working towards better, more focused, comprehensive LOCAL governance for South Walton. Locals elected by locals.

Customary use is an issue I personally believe in and has no connection with ABSW.

And, as a non-elected official, businessperson and taxpayer I am at the mercy of our County Commissioners as much as you all are. If you have a problem with Customary Use take it up with the BCC; they are responsible for ordering and voting to create the Ordinance. I merely applauded their actions along with many, many Walton County residents.

"Customary use is an issue I personally believe in and has no connection with ABSW."

While this may in fact be the official ABSW stance, the group is now and forever affiliated and linked with your Proactive Work to TAKE people's private property.

It (Incorporation) will fail.

I don't want it to fail and would love to see Incorporation, just not under ABSW and it's current leadership.

Hopefully in the next year you can reorganize and come up with a new approach that doesn't immediately turn off voters and stakeholders in the process.

 

[Dave Rauschkolb]

I don't know the rules on voting about incorporation. Dave R. will non-resident SoWal property owners be able to vote to incorporate or not? If not would/will you as a ABSW board member support non-resident owners (who will pay the bulk of the SoWal property taxes) being able to vote? Even if it means changing the rules if needed?
Dave R. you commented about other posts but not this one?

The law says that only registered voters in the new municipality may vote for or against Incorporation. Of course I would support non resident property owners voting but that is not the way it's set up. They have as much taxpaying stake as anyone in my view.

 

[Dave Rauschkolb]

"Customary use is an issue I personally believe in and has no connection with ABSW."

While this may in fact be the official ABSW stance, the group is now and forever affiliated and linked with your Proactive Work to TAKE people's private property.

It (Incorporation) will fail.

I don't want it to fail and would love to see Incorporation, just not under ABSW and it's current leadership.

Hopefully in the next year you can reorganize and come up with a new approach that doesn't immediately turn off voters and stakeholders in the process.

For the record, David Pleat and David Bailey, Rosemary Town Manager are both on our ABSW board and are against Customary Use. ABSW as an organization takes no position on local issues. The ABSW Board is made up of a politically diverse group solely focused on working towards better, more focused, comprehensive LOCAL governance for South Walton. Locals elected by locals.

Customary use is an issue I personally believe in and has no connection with ABSW.

And, as a non-elected official, businessperson and taxpayer I am at the mercy of our County Commissioners as much as you all are. If you have a problem with Customary Use take it up with the BCC; they are responsible for ordering and voting to create the Ordinance. I merely applauded their actions along with many, many Walton County residents.

 

[Jenksy]

"Customary use is an issue I personally believe in and has no connection with ABSW."

While this may in fact be the official ABSW stance, the group is now and forever affiliated and linked with your Proactive Work to TAKE people's private property.

It (Incorporation) will fail.

I don't want it to fail and would love to see Incorporation, just not under ABSW and it's current leadership.

Hopefully in the next year you can reorganize and come up with a new approach that doesn't immediately turn off voters and stakeholders in the process.

Hundred bucks says your face not seen.

 

[John G]

Only a matter of time until complaints started.

Letters to the Editor: New customary use ordinance frustrates visitor

"Inconsistent enforcement of the new customary use ordinance is incredibly frustrating."

 

[FactorFiction]

Only a matter of time until complaints started.

Letters to the Editor: New customary use ordinance frustrates visitor

"Inconsistent enforcement of the new customary use ordinance is incredibly frustrating."

This was totally predictable! Hang on for the ride. Unfortunately, so much of this whole conflict is the result of lack of education and enforcement. The rules can change, but if the underlying problems remain the same, nothing really changes. Doesn't matter how many code enforcement officers are out there, if they undermine the rules and ignore obvious violations of the rules, the situation will stay confrontational.

 

[Kaydence]

www.wjhg.com/content/news/Fighting-for-property-rights-along-the-beach-421395684.html

Edward and DeLaine Goodwin were one of the very first Dune Allen residents and are trying to make the point of what's mine is not yours.

"The county enacted in October of 2016, an ordinance indicating that the public already established a customary use to use their private property. We believe that to be an over-extension of the county's authority," said the Goodwins' attorney William Dunaway.

But imagine walking down the beach and getting stopped by a chain rope and a big no trespassing sign.

That's what happened to Judy and Don Elkins as they went for a morning stroll along the beaches of South Walton.

"It's always been a public beach and you always been able to walk the beach, why all of a sudden they saying that they control the beach," said Don.

"I think it's terrible. I've been going to beaches all my life and it's kind of disgusting to think you can't walk to the beach in freedom anymore and you have to turn around and go back," added Judy.

"We walk the beach to see all the pretty homes in some cases. And now you won't be able to see all their pretty homes and if that's what they want then I guess that what they'll get," Don said. "I couldn't understand why they wanted to do that. And I still don't understand."

But keeping people out of their backyard along the beach is exactly what the Goodwins are fighting for.

"One of the important property rights that private property owners have is the right to exclude others. The Goodwins aren't unique in this situation. Anyone who has private property, if you have your backyard, you don't want people hanging out in your backyard or at least you only want the people you invite," said Dunaway.

"This has been our home for 40 something years," said Mr. Goodwin.

"We have memories attached. Our daughter's wedding was on our yard. We have family reunions. It's our home," added Mrs. Goodwin.

"The Goodwins have owned this property since the 70s. They have vacationed and now live here full time for over four decades," pointed out Dunaway.

Because they have established their home and boundaries for nearly four decades, the Goodwins' believe they have just reason to mark their property as "off limits"

"So under Florida state law, if you're looking to exclude someone from your private property then you must post to that property. That is define the boundary and post a sign. Traditionally no trespassing," said Dunaway. "[The Goodwins] posted the property since the 90s does show that this is an interruption of any potential custom use that the county might come forth in defense of."

What does and does not belong to them is the subject of ongoing litigation between the Goodwins and Walton County.

"It's not as if it makes a huge difference if you are new to the area and owned. But in this case, since it's a judicial determination, that on this property, the public has created and used the property in such a way as to be free from dispute and reasonable," said Dunaway. "The Goodwins have disputed that. The Goodwins have treated this as their property, it's their backyard."

"We feel that we should have the same rights as all other property owners and we take necessary steps to defend these rights," said Mr. Goodwin.

The Florida House passed a bill which would prohibit local government from stating the public has a right to walk on private property, even along the beach.

But the bill wasn't taken up in the senate during the current legislative session which ends Friday.

 

[FactorFiction]

www.wjhg.com/content/news/Fighting-for-property-rights-along-the-beach-421395684.html

Edward and DeLaine Goodwin were one of the very first Dune Allen residents and are trying to make the point of what's mine is not yours.

"The county enacted in October of 2016, an ordinance indicating that the public already established a customary use to use their private property. We believe that to be an over-extension of the county's authority," said the Goodwins' attorney William Dunaway.

But imagine walking down the beach and getting stopped by a chain rope and a big no trespassing sign.

That's what happened to Judy and Don Elkins as they went for a morning stroll along the beaches of South Walton.

"It's always been a public beach and you always been able to walk the beach, why all of a sudden they saying that they control the beach," said Don.

"I think it's terrible. I've been going to beaches all my life and it's kind of disgusting to think you can't walk to the beach in freedom anymore and you have to turn around and go back," added Judy.

"We walk the beach to see all the pretty homes in some cases. And now you won't be able to see all their pretty homes and if that's what they want then I guess that what they'll get," Don said. "I couldn't understand why they wanted to do that. And I still don't understand."

But keeping people out of their backyard along the beach is exactly what the Goodwins are fighting for.

"One of the important property rights that private property owners have is the right to exclude others. The Goodwins aren't unique in this situation. Anyone who has private property, if you have your backyard, you don't want people hanging out in your backyard or at least you only want the people you invite," said Dunaway.

"This has been our home for 40 something years," said Mr. Goodwin.

"We have memories attached. Our daughter's wedding was on our yard. We have family reunions. It's our home," added Mrs. Goodwin.

"The Goodwins have owned this property since the 70s. They have vacationed and now live here full time for over four decades," pointed out Dunaway.

Because they have established their home and boundaries for nearly four decades, the Goodwins' believe they have just reason to mark their property as "off limits"

"So under Florida state law, if you're looking to exclude someone from your private property then you must post to that property. That is define the boundary and post a sign. Traditionally no trespassing," said Dunaway. "[The Goodwins] posted the property since the 90s does show that this is an interruption of any potential custom use that the county might come forth in defense of."

What does and does not belong to them is the subject of ongoing litigation between the Goodwins and Walton County.

"It's not as if it makes a huge difference if you are new to the area and owned. But in this case, since it's a judicial determination, that on this property, the public has created and used the property in such a way as to be free from dispute and reasonable," said Dunaway. "The Goodwins have disputed that. The Goodwins have treated this as their property, it's their backyard."

"We feel that we should have the same rights as all other property owners and we take necessary steps to defend these rights," said Mr. Goodwin.

The Florida House passed a bill which would prohibit local government from stating the public has a right to walk on private property, even along the beach.

But the bill wasn't taken up in the senate during the current legislative session which ends Friday.

I'm surprised that none of these stories ever seem to include the fact that people are able to traverse the wet sand sand area. That significant fact seems to be left out of most of these articles and/or newscasts.

 

[BlueMtnBeachVagrant]

For the record, David Pleat and David Bailey, Rosemary Town Manager are both on our ABSW board and are against Customary Use. ABSW as an organization takes no position on local issues. The ABSW Board is made up of a politically diverse group solely focused on working towards better, more focused, comprehensive LOCAL governance for South Walton. Locals elected by locals.

Customary use is an issue I personally believe in and has no connection with ABSW.

That's a bit disingenuous - no a lot. As previously pointed about Theriaque by others, he definitely followed the money in his successful endeavor to defend private property rights (against customary use regarding hunting dogs and all). Pleat is and has been Rosemary Beach's association attorney. David Bailey is Rosemary Beach's town manager. For them to support customary use would be for them to place part or all of their economic viability as risk.

And, as a non-elected official, businessperson and taxpayer I am at the mercy of our County Commissioners as much as you all are. If you have a problem with Customary Use take it up with the BCC; they are responsible for ordering and voting to create the Ordinance. I merely applauded their actions along with many, many Walton County residents.

Again, a very very disingenuous statement.... Your statement that you "merely applauded" their actions just about makes my eyeballs roll out of their sockets. This from the man who stands in front of the commissioners verbally supporting customary use. This from a man who pits neighbor against neighbor by organizing and encouraging the trespassing on private property with the "Stand Your Sand" nonsense. And on and on.

 

[FloridaBeachBum]

Again, a very very disingenuous statement.... Your [Dave Rauschkolb] statement that you "merely applauded" their actions just about makes my eyeballs roll out of their sockets. This from the man who stands in front of the commissioners verbally supporting customary use. This from a man who pits neighbor against neighbor by organizing and encouraging the trespassing on private property with the "Stand Your Sand" nonsense. And on and on.

BMBV, Dave R is merely an interested onlooker standing on the sidelines politely clapping his hands encouraging the BCC to spend all Walton tax payers million$ of taxes to litigate against Constitutional 5th Amendment property rights.

April 2016 Dave Rauschkolb commented in the NW FL Daily News
"Oh yes, we [who support customary-take] will spend whatever it takes and put as much time in as is necessary. Good luck sir but you will not win this one with ease if at all. We are all in it for the long run and don't think we don't have the money to see this through; we are far from afraid of the money of a few beach front homeowners. There are far, far more property owners in South Walton who have invested in this area and will demand to have customary use of the beaches. They are from all over America and have plenty of money to organize a war chest to fund this if necessary. The County has already committed to take this on as well. The entire economy of South Walton depends on beach access and beach use. It's "The beaches of South Walton". Yes, it will take time and it will be litigated and this will probably go to the Supreme Court of the land. No one should have ever been allowed to claim title to South Walton beaches and that is why the City of Daytona Beach v. Tona-Rama, Inc case is such an important precedent setting case. Game on."

Tona-Rama, was a 1974 prescriptive easement case on 225 sq ft of commercial beachfront. It wasn’t even a customary use case. The FL Supreme Court (FSC) found there was not a prescriptive easement and took it upon themselves to apply custom to justify not removing an commercial observation tower on Daytona Beach, which has since been abandoned and torn down. IMO the FSC negligently ignored the many hundreds of years of custom and the criteria to establish a custom and created a legal mess that resulted in Reynolds, 1995, and Trepanier, in 2007, having to clear-up the FSC Tona-Rama mess. The best you can say about Tona Rama, IMO, is FSC did not dismiss custom out-right as a way to take FL owners private property rights without paying for it. The original tower did not stand the test of time and the Tona Rama FSC ruling and customary-take should not either. What other FL beachfront has been found to be subject to customary-take since Tona-Rama that was not overturned by a higher court? Zero.

Wonder what infrastructure Walton could get for the $40M to $50 million$ of tax dollars (according to Commissioner Comander Oct 2016) the BCC is willing to spend on customary-take?