Customary Use Will Happen On Sowal Beaches

Discussion in 'Local Government and Groups' started by Dave Rauschkolb, Mar 28, 2017.

  1. John G

    John G Beach Fanatic

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    No one is reimbursing you.

    Welcome to SoWal.
     
  2. kayti elliott

    kayti elliott Beach Lover

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    Am I allowed to wear my Confederate flag bikini on the Beaches of South Walton?
     
  3. steel1man

    steel1man Beach Fanatic

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    Understand owners have NO rights below MHWL ( per their Deeds) also Vendors can't just set up on public ( all SOWAL beach ARE PUBLIC below MHWL) except when signs say Vendor Zone..So if an owner gives permission to a vendor setting up in their backyard,IT CANNNOT BE SOUTH OF MHWL...PERIOD.......BEACH ENFORCEMENT WILL ENFORCE.?
     
  4. jodiFL

    jodiFL Beach Fanatic

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    Do you know EXACTLY where the MHWL is today? Or where it was when you bought your property? You will need a current (not more than 1 yr. old) topographical survey to show exactly how much of your deeded private property people are on.
     
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  5. John G

    John G Beach Fanatic

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    Correct.

    And there was much discussion about this exact thing with the WCSO Trespass Enforcement Policy that saw a lot of comments on this site.

    What is the status of the Policy now? Almost seems like it was designed to fail with this in mind... Make owners jump though hoops with no intent of ever enforcing anything pending Customary Use.

    It's brilliant!
     
  6. FactorFiction

    FactorFiction Beach Fanatic

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    How are things looking this weekend? Any difference that you can tell as a result of the customary use ordinance or the revised beach activities ordinance?
     
  7. bob bob

    bob bob Beach Fanatic

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    Apparently an awful lot of folks were sold fraudulent deeds.
     
  8. FactorFiction

    FactorFiction Beach Fanatic

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    Can't dispute your hypothesis.
     
  9. Easternlakefan

    Easternlakefan Beach Comber

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    Below the line is everyone's. Understood , above the line is not if it's part of your TAXED property. AND YES when we purchased in 2001 we knew where the line was. Had the "survey " done before putting down the payment. And yes we know it moves.
    DO those who are coming thru and setting up camp KNOW where the MHWL line is? And what was it ?..15' from the dunes?
    May see a lot of surveys done this year.

    Bob Bob may need to prove his hypothesis to those who are in buildings built in 1985 and earlier.
     
  10. FoX

    FoX Beach Fanatic

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    Beach lovers believe the beach belongs to everyone and no one and that's that.
     
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  11. steel1man

    steel1man Beach Fanatic

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    Vendors believe your theory more than anyone.the believe they can use all beach along the gulf frontage.they think they are doing then county a favor and serving their civic duty.
     
  12. FoX

    FoX Beach Fanatic

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    Vendors are as necessary on the beach as another hole in your head.
     
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  13. graytonbeachguy

    graytonbeachguy Beach Fanatic

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    BeachBum: Your arguments are specious. Customary Use existed long before you bought your property. You therefore bought it and own it subject to that use. You have lost NOTHING. You never owned what you are trying to steal.

    One of owners' arguments is the threat of spending millions to fight Customary Use. I agree with Commander, Jones, Chapman and Anderson: Bring it on!
     
  14. beachmax

    beachmax Beach Comber

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    In previous years Walton BCC acknowledged that there is private beach property not subject to Customary Use when the WCSO established procedures for removing trespassers on private beach property.
     
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  15. Bob Hudson

    Bob Hudson Beach Fanatic

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    Judge Rogers order issued on Friday in Goodwin v Walton County.

    The plantifs in this case concerning the Customary Use Ordinance are represented by the Pacific Legal Foundation.

    The judge denied Walton Counties motion to dismiss the case and denied the planfifs motion for a injunction.

    Discovery was set to begin and last for 45 days.

    The case continues.

    The 18 page order is attached
     

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  16. FloridaBeachBum

    FloridaBeachBum Beach Fanatic

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    Wrong again. Argument suspicious? It’s legal fact, even IF a property is found subject to customary-take, the property is owned by the title holder to the MHWL. Your ignorance of customary-take and the Constitution is typical of those against private property owner rights.

    There has been NO customary-take on any FL beachfront property that was not overturned by a higher COURT since 1974. No law-making body can decree customary-take on private property.

    No, the cost argument is; Are all Walton county tax payers willing to spend Tens of MILLION$ ... according to Commissioner Comander? I doubt you pay county taxes so you are understandably all for spending the tens of thousands of other Walton tax payers multi-million$ of dollar$. What if you lose?

    What’s wrong with the at least 32,369 feet of publicly owned beachfront, plus what Walton just recently overspent by million$ of dollar$, and 5,839 acres at Topsail, Greyton, and Deer Lake parks with restrooms, camping, and parking? Too expensive? Not enough parking? Won’t allow alcohol or dogs? Walton commissioners even deny those rights to private property owners.
     
  17. Bob Wells

    Bob Wells Beach Fanatic

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    As I am one of the few here who post their real name. I can say I pay taxes, as for you and graytonbeachguy, I can't say nor will I presume to say you don't.
     
  18. John G

    John G Beach Fanatic

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    I'm sure the WCSO policy in question will be of legal interest in all future legal actions as it shows that the local government acknowledged private beach property.

    It might just we'll be Customary Uses undoing down the road in the courts....
     
  19. bob bob

    bob bob Beach Fanatic

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    That property was called private does not negate the principle of customary use.
     
  20. Danny Glidewell

    Danny Glidewell Beach Fanatic

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    Customary use does not imply or state that the property in question is not private nor is it intended to seize private property. When the government takes private property that is called eminent domain. Customary use means that over time the public has been allowed to use private property in a particular manner like sunbathing on the beach. Customary use has more in common with an easement. The theory is that the public for decades has used this private property in specific ways and thus over time this use is recognized as a right. The courts will be the arbiter of whether or not the public's use of our beaches over the years has risen to the level of customary use.
     
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