Customary Use Will Happen On Sowal Beaches
- Thread starter Dave Rauschkolb
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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!
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!
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
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
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.
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.
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....
That property was called private does not negate the principle of customary use.
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.