Dave Raushkolb: Customary Use Shouldnʼt Require Defending

But isn’t the beach in front of the “private accesses” actually PUBLIC property according to the customary use concept? Isn’t that what the customary use debate is all about? I’m not taking about “private access” pavilions, I’m talking about the sandy beach in front of them. Can I “sit on a towel” any of the dry sand there?

But isn’t the beach in front of the “private accesses” actually PUBLIC property according to the customary use concept? Isn’t that what the customary use debate is all about? I’m not taking about “private access” pavilions, I’m talking about the sandy beach in front of them. Can I “sit on a towel” any of the dry sand there?

So perhaps I should ask Dave:

Could my family and I come and park our vehicle in a public parking space near the beachfront restaurant and then go set up our chairs and umbrellas in front of the beachfront restaurant and spend the day there? Would the beachfront restaurant and its surrounding community allow us to do that even if we are not eating there or staying there?

Beginning midnight tonight, you may not do so. Doing so after that is trespassing. From the Gulf to th4e MHWL or ECL is public. Private beach landward of MHWL or ECL is off limits to the general public.

If there's no plan to enforce .. Who cares?

I suspect you will find there is a difference between no enforcement and no arrests for civil trespass. WCSO says it will respond to such calls and will try to mediate on-site. I suspect most trespassers will not argue with an armed deputy who tells them they are trespassing and will peaceful leave as required by law as pointed out by the deputy. The few who do not can reasonably be expected to not make the deputies happy by refusing to abide by the law, and personalities so disposed are likely to offend the sensibilities of the deputies by being confrontational. These few risk arrest and may well suffer same.

This is all I see when reading some of these posts. So sad that we all live in one of the most beautiful places on earth and some have nothing better to do but b**ch and moan.

Hey Dave, how about we organize a sit in on the wet sand area at Vizcaya at Dune Allen. Perhaps we can all enjoy a cool beverage at the waters edge with Mr. Hackmeyer and his paid security "force."

As someone who was arrested twice for trespassing(younger years) and nearly arrested for trespassing a dozen or more times(still younger years), if the property line is not clearly marked with a no trespassing sign, it's not enforceable.........just saying.

Starbucks would..all welcome to use wifi and bathrooms and buy nothing..gotta be PC.you know

These men would differ.
Two black men were arrested in a Philadelphia Starbucks for doing nothing

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Indian Rock Beach, Fl

Is it possible that the area is being over-marketed and over-developed?

When county commissioners, tourism officials and local business owners start talking about the need for another north-south access road cutting through a pristine state forest alongside wetlands and several osprey nests in order to alleviate traffic, I guess it’s too late to realize that all of the heavy traffic may be due to too much high-density development between 30A and Choctawhatchee Bay.

And that over-development of high density residential/rental areas leads to more and more people on the beaches - beaches which are a limited resource especially in the areas with dedicated public parking and public access, therefore you are going to have inland renters (and residents) faced with crowded, territorial beaches when they come to sit on a towel or to set up a bunch of chairs/umbrellas/tents in adjacent spillover areas in front of private homes/communities.

How did restaurants and local businesses survive before TDC marketing was geographically expanded to every market that had an airport connecting to ECP? Many of the local restaurants (which my family and I enjoy and support) have had 2-hour waits at notable restaurants during peak season for 10-15 years, but I’m hearing that some of them want more high density development, they want Hampton Inn by Eastern Lake, they want it to be “more like Destin or PCB.” Why?

I do know that the state park beaches are some of the most beautiful, unspoiled beaches in the area and day use fees have been waived the last few summers. This seems like an option to avoid all of the private beach wars. But what about some of the larger communities along 30A? Would it be possible for Rosemary Beach, Alys Beach, Seaside, Watersound and Watercolor to open up their parking and beach access to the public? This may have been discussed before, so I’m thinking out loud. It seems like most of the property boundary conflicts involve single residence beachfront homeowners and smaller community HOAs.

I’d love to hear from all sides!

Nothing screams "Welcome to 30A, our beautiful beaches and friendly locals" more than stay away and private security.
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How can they keep Beach Code Enforcement trucks from patrolling that stretch of beach? Local county laws don't include Vizcaya?

Nothing screams "Welcome to 30A, our beautiful beaches and friendly locals" more than stay away and private security.

How can they keep Beach Code Enforcement trucks from patrolling that stretch of beach? Local county laws don't include Vizcaya?

Can you keep them from crossing your lawn? What if they had to in order to get to a heart attack victim?

It's legally Vizcaya' s beautiful beachfront property; not "ours". If uninvited people would respect property rights and not expect rights they do not have - property owners may be more willing to share but that is the owners legal option and if you do not respect that, there are legal consequences - if dutifully enforced.

Emotional ignorance of the facts and law, the vilification of lawful property rights, and self-righteous commissioners and public are the ones creating the misinformation that is the cause of this problem and why the Florida legislature created HB631 now the Florida Statute 163.035 that defines due process rights for property owners BEFORE a local government unilaterally declares private property right of private enjoyment is null and void.

Vizcaya has two public “Beach Access Easements” they own on both sides of their private beachfront property. By definition “Beach Access Easement – the right for neighboring residents to access a public beach, even if the access crosses private property.”
Easement - Definition, Types, Processes and Examples

I’m no attorney but I can educate myself with a little effort. So unless there is some other legal document describing otherwise. The beach access easement is a Right-of-Way to the public beach - which is the beach foreshore seaward of Vizcaya MHWL property boundary. There are no public rights to occupy an easement; just cross it. Ask TDC beach operations Brian Kellenberger. Brian@visitsouthwalton

Maybe I'm wrong about the law but you need to prove it with facts and not emotional ignorance. The blame for this mess is squarely the Walton Commissioners for failing to manage growth in Walton County and now want a quick fix at private property owner's expense.

Walton commissioners and TDC have intentionally not informed the public of the beachfront private property fee simple or easements right-of way rights or that 75% of Walton beaches are private beaches the public must respect. Assistant State Attorney, Greg Anchors, and Walton Sheriff have made political decisions and failed in their duties to enforce the law in affect today and should be held accountable.

I do not blame Vizcaya for hiring security guards to protect their lawful property rights; Constitutional officers of Florida and Walton County won’t.

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Appears you've revealed yourself as the angry Vizcaya protector of freedom for AMERICA! Have you had to hit anyone with a baseball bet yet. Or does yelling and cussing do the trick? Your lawyer advise you to hire a guard to keep you out of jail?