Customary Use Will Happen On Sowal Beaches

[John G]

The beach obstructions amendment is still deemed unconstitutional as written and has to be stricken from county code. The judge ruled on the customary use question, found that the county had authority to approve the customary use ordinance. Individual beachfront property owners can still challenge customary use in court for their specific property.

Thank you.

So, as I thought, this is far from over. Especially with the County wanting grills and food and bev vendors on beach. Churros are coming!

Look for multiple individual lawsuits...

This is not a "Win" for either side, just a delay in the inevitable...

The media outlets provided a very crappy explanation of this.

 

[lazin&drinkin]

While the judge did say the county had the authority to pass ordinances, a fact not in dispute, the customary use ordinance being one such ordinance, the court did not rule that the ordinance itself was legal. The judge was able to dodge that question because of the manner of the pleadings before it in that one case under consideration. Other cases still before the court pose other and more complete questions pertaining to both the constitutionality of the ordinance's provisions as well as to the constitutionality of the process. If one takes the time to read the entire opinion, one will see the judge rather strenuously lecturing the county on its sloppy practices in passing the ordinance. Any reading of the opinion which would purport to cast it as a definitive and dispositive judgment in favor of the county is incorrect. The jury is still out.

 

[FactorFiction]

The beach obstructions amendment is still deemed unconstitutional as written and has to be stricken from county code. The judge ruled on the customary use question, found that the county had authority to approve the customary use ordinance. Individual beachfront property owners can still challenge customary use in court for their specific property.

Home Rule was an important factor in Walton County's favor as I understand it.

 

[miznotebook]

Home Rule was an important factor in Walton County's favor as I understand it.

That is correct, plus the fact that Walton County is a non-charter county.

 

[Jim Tucker]

Great. Owners can put up signs, chains and fences. And vendors own a large portion the public property. Paradise lost.

 

[formosa64]

The beach obstructions amendment is still deemed unconstitutional as written and has to be stricken from county code. The judge ruled on the customary use question, found that the county had authority to approve the customary use ordinance. Individual beachfront property owners can still challenge customary use in court for their specific property.

Ok as I read this new order replacing the previous order (why he did this is curious) what the judge ruled after all that reading in his "new" judgement replacing the original one where he refused to rule on the matter of customary use. He simply (after lengthy discussion on the entire history of Customary Use) states that the County's rule is not void as the Alford's argued. He still does NOT rule upholding it for the County and acknowledges that it has several issues and challenges that could be made - which the Alford's did not make.

Maybe I'm wrong - but I don't see the ball moving in either direction by this new order.

 

[steel1man]

Thank you.

So, as I thought, this is far from over. Especially with the County wanting grills and food and bev vendors on beach. Churros are coming!

Look for multiple individual lawsuits...

This is not a "Win" for either side, just a delay in the inevitable...

The media outlets provided a very crappy explanation of this.

Loews reports run on grills,small fridges,portable generators by 30A vendors inc.

 

[FloridaBeachBum]

Un-customary_use-isms

"This sand is my sand [I pay the annual property taxes on], this sand is not public sand!!" Yay!

Everything is as it is until it isn't. I'm celebrating every day after July 1 of Constitutionally protected private property rights Walton property owners have had and have until and if it ever changes

And yes, the courts will decide the law of the sand eventually but until then folks...Customary Use is NOT the law of the sand in Walton County.

I celebrate every day the property rights owners have had and have that is the Law of the sand in Walton County. Hopefully other coastal counties will understand if they wish to declare their own Customary Use ordinances they will have to have due process as the Plaintiff with the rule law in a court of competent jurisdiction (unlike Walton County).

 

[Kaydence]

This is popping up all over Facebook;

"If you grew up here and have any historical photos of your family using the beach in Walton County the Walton County Commission and their Legal Council may want to use them for the case to restore and codify Walton County's Customary Use ordinance. Please contact the County Administrator Larry Jones @ jonlarry@co.walton.fl.us or post here so we can get to county ASAP.
We can’t let special interests control access to our public beaches. Every resident and tourism related business is dependent on this. And, our children and grandchildren are counting on you to ensure OUR beaches are without boundaries. My kids will NOT be denied any grain of sand on OUR beaches. Stand up and be heard Walton County!!"

Why is it so hard for the County to understand they already control 50% of the beaches they give to vendors for free?

 

[FloridaBeachBum]

I was told by someone who was there that at a recent meeting following the announced meeting with REALTORS March 15th that Tony Anderson said; “Walton may have lost the battle; but we’ll win the war.” I didn’t know going to war against 900 Walton property owners was a duty of our elected representatives. That this law is a good thing for Walton County because it makes Walton's job easier to litigate against all 900 property owners. I think Tony is dreaming.

That David Pleat, attorney for Rosemary beach, at this meeting said that his personal opinion was Walton County was very smart to have the revised bill language amended during the session, and that he’d guess that 95% of the beachfront owners will not file to intervene during the 45 day period after the notice Walton has to provide owners. That the owners that do challenge customary use; have the burden of proof to show Walton’s customary use evidence does not apply to their parcel. I’m not an attorney but I thought the Plaintiff (Walton County) had the burden of proof.

It was said Tony Anderson agreed with Pleat and that Walton County was banking on not even a 100 beachfront owners to challenge Walton County and that the number of owners challenging Tony is betting it will be a number that Walton County can handle. That was not the case for the 2015 beach fortification where 95% of the beachfront owners did not sign an easement to permit fortification on their property that would create public beach on their property. Larry Jones said most beachfront owners don’t care about customary use and that an attorney that is suing the county on behalf of his client, is a beachfront owner in Walton County, was very helpful in getting the bill amended; told Larry that at the legislative hearing the public can walk on his beach anytime. Walton County is banking on property owner’s complacency.

May be third hand news to you but I believe it from what I've saw Tony Anderson say at the legislative committee hearings.
At least most of the legislators were able to see through Walton's misrepresentation of customary use and other's misinformation like Surf Rider and Florida Wildlife Federation. I'd be glad to list the misinformation if anyone wants. And I challenge anyone to backup the misrepresentations and misinformation with facts.

Senate Judiciary Committee 1/10/2018
http://www.flsenate.gov/media/VideoPlayer?EventID=2443575804_2018011061&Redirect=true
21:20 Walton Attorney David Theriaque
35:28 Toney Anderson
46:09 Pete Dunbar Florida Bar
51:11 Gary Hunter an attorney who understand what the bill states and customary use
1:21:16 Ron Book resident Rosemary Beach

Community Affairs Committee video 2/20/2018
Community Affairs
53:38 Commissioner Tony Anderson
1:25:44 Gary Hunter attorney who knows what he is talking about.

The REALTOR association is formulating a position to publicly support Walton customary use; which in effect is against private littoral property rights. REALTORS should be neutral and stay out of the "war" against private property rights. What if property owners prevail? REALTORS will be on the wrong side of property rights and misguided local politicians. If REALTORS do pick sides and if I ever sale by multi-million dollar beachfront real estate it will NOT be with a local REALTOR company.