Federal Lawsuit Could Bar Public from Beaches and Recreation Areas

[James Bentwood]

The friendly mindset went away when most of the houses became super size rentals that sleep 12-30 people. That results in a large group with a mindset of they are on vacation and anything goes. There's no respect for your property. If a toy goes up in your yard they don't hesitate to stomp up in your dunes to go get it. Instead of playing down by the water, they literally play at the vegetation line and then the frisbee, ball, whatever toy ends up caught in the wind and in your yard or on your deck. They did huge holes and don't cover them. They leave their toys, glass bottles and other trash on the beach when they leave. They are rude to your face if you try to be nice and ask them to move closer to the water or ask them to cover their holes when they leave. They come to the beach in 4 trips to haul everything but the kitchen sink and they set up camp for the day so nobody else can sit in that spot when they leave for lunch or shopping.

I feel for you. Serious question ... Why not sell and find a beach house that is quieter? Might have to be gated I suppose.

 

[FactorFiction]

What I still can't figure out is when did gulf front property owners become so possessive? and why? (Not all are, but geez.)
Used to be that you could set your chair or towel pretty much anywhere you wanted. If you were in front of someone's house, generally they didn't care. If you had 10 - 15 people down there partying and being loud, then yeah you got the law called on you and you deserved it. But one or two people in a beach chair calmly enjoying the beach wasn't an issue. The homeowner might come down and strike up a friendly conversation, but that was it. The most offensive thing that would happen was if an unlicensed unleashed dog came by and did his stuff. It was deeded the same way back then as it is now. What is the problem?

Personally, I have no issue accessing the beach via a public or neighborhood beach access and walking on the wet hard sand. That won't go away no matter what. I am just curious as to where the friendly mindset went.

The friendly mindset isn't gone, it is just in protect mode. Because of 1) tourism money and 2) some bad behavior on both sides, the answer is to create public beach with A) a re-nourishment project and B) customary use of deeded dry sand. That doesn't seem too friendly toward the beachfront owners, so maybe they are just hoping to have the right to ask people to stop doing something and/or to get some assistance from authorities if visitors can't/won't be respectful.

 

[beachmouse]

I tend to think the whole area started to go downhill when St. Joe put in Watercolor and Watersound. Seems like the money that came with it made the area a less friendly place.

 

[JBBeached]

I feel for you. Serious question ... Why not sell and find a beach house that is quieter? Might have to be gated I suppose.

I shouldn't have too. I was here long before this area was developed. 30A used to be a cut-through road that was faster than driving down 2 lane highway 98. Why not cut back on marketing and learn to effectively manage what we have? Stop allowing the excessive building along 30A.

 

[James Bentwood]

I shouldn't have too. I was here long before this area was developed. 30A used to be a cut-through road that was faster than driving down 2 lane highway 98. Why not cut back on marketing and learn to effectively manage what we have? Stop allowing the excessive building along 30A.

I agree but the horse is out the barn. Why be miserable? Being unhappy at the beach is sad. The truth is this area was screwed a long time ago because of no planning and tiny setbacks, no control of the pristine dunes or trees. Now people just sit by and watch. If it weren't for state land and height limits we'd be really screwed.

 

[FloridaBeachBum]

How objective was this article?

Federal Lawsuit Could Bar Public from [Private Property] Beaches and Recreation Areas
[what Recreational Areas?]

A federal lawsuit, filed on behalf of a beachfront homeowner, attempts to block Walton County, Florida’s efforts to [CLAIM] legally recognize customary use, or the public’s [CLAIMED] long standing right to use the [PRIVATE PROPERTY] beaches for recreational purposes [to the exclusion of private property owners' right of private enjoyment of their property if they choose to].

This lawsuit has national implications and, if successful, could deny the public’s [CLAIMED] traditional right to use [PRIVATE PROPERTY] recreational sites throughout the United States. Walton County takes this threat very seriously. Walton County is prepared to aggressively defend customary use and is confident the public’s [CLAIMED] right to continue to enjoy the [PRIVATE PROPERTY] beach will be upheld.

In Walton County, a customary use ordinance adopted by the Board of County Commissioners in 2017 (Ordinance 2017-10) officially recognized [WITHOUT OWNER LEGAL DUE PROCESS] the public’s long standing right to enjoy traditional recreational activities on the [PRIVATE PROPERTY] flat, sandy section of beach between the [PRIVATE PROPERTY DEEDED] dune line and the Gulf of Mexico. However, in 2018, the Florida legislature passed Florida House Bill 631 (2018 Fla. HB 631) which, when it goes into effect on July 1, 2018, will mean Walton County’s ordinance will no longer have legal standing [on PRIVATE PROPERTY WITHOUT DUE PROCESS in COURT FIRST].

Walton County officials have previously stated their intention to adopt a new ordinance under the guidelines set forth by HB 631 which, if successful, would reaffirm the public’s right to continue to use the [PRIVATE PROPERTY] areas of flat sandy beach for traditional recreation.

However, it appears that the new federal lawsuit filed by the Tallahassee Law Firm of Hopping Green & Sams, P.A., on behalf of Walter E. Blessey, Jr. is intended to [PROTECT PRIVATE PROPERTY RIGHTS] block the efforts of the commissioners and deny the public’s [CLAIMED] right to recreational use of [PRIVATE PROPERTY] beaches.

Walton County government officials are vowing to fight the [PRIVATE PROPERTY RIGHTS] efforts to deprive the public of their [CLAIMED] long-held rights to the sandy portions of the beach. “This kind of stuff burns me up,” says Walton County District 5 County Commissioner Tony Anderson. “This is about doing the right thing. It’s time we stood up and took back our [PRIVATE PROPERTY] beaches.”

Due to the far-reaching implications of a federal lawsuit, findings in this case could affect the public’s rights to [PRIVATE PROPERTY] beaches and recreation areas not just in Florida, but throughout the United States. On June 25th at 9 am at the Walton County Courthouse Annex (31 Coastal Centre Blvd., Santa Rosa Beach), the Board of County Commissioners is expected to set a date for a public hearing as the first step toward again implementing a customary use ordinance.

 

[FloridaBeachBum]

What I still can't figure out is when did gulf front property owners become so possessive? and why? (Not all are, but geez.)
It was deeded the same way back then as it is now. What is the problem?
Personally, I have no issue accessing the beach via a public or neighborhood beach access and walking on the wet hard sand. That won't go away no matter what. I am just curious as to where the friendly mindset went.

I had not asked any respectful uninvited person to leave our private property before commissioner declared customary use - without due process. But I have always had and will have that right to un-invite them if I so wish and the Sheriff would/will have to enforced that right to the deeded MHWL.

But if Commissioners think they can try to expand a very limited, and previously obscure, doctrine of custom to tell me I have NO right to my private enjoyment of my deeded property that I pay Walton taxes on to the MHWL; dang straight I’m going to fight and assert my rights to the fullest extent of the law. You can thank the Commissioners for that. Commissioners blame beachfront owners for making them declare customary use; it’s the other way around, owners will fight and assert our rights because Commissioners and the public demand owners give up their property rights that have been recognized by law enforcement and legislators. Wouldn't you fight for the Constitutionally protected property rights you have? There will be NO compromise. I had property rights before and I have the same property rights today. It’s winner take all. Tony Anderson is correct "This is about doing the right thing." For Constitutionally protected property rights. It doesn't matter what the motives for customary use are it's about the law which very few, including Anderson, Chapman, C. Jones, Comander, and Nipper understand because it's not their property. If property owners prevail in court the Walton tax payer could be stuck with the legal expenses for both sides too.

 

[FloridaBeachBum]

The friendly mindset isn't gone, it is just in protect mode. Because of 1) tourism money and 2) some bad behavior on both sides, the answer is to create public beach with A) a re-nourishment project and B) customary use of deeded dry sand. That doesn't seem too friendly toward the beachfront owners, so maybe they are just hoping to have the right to ask people to stop doing something and/or to get some assistance from authorities if visitors can't/won't be respectful.

Did you mean .. the [Walton commissioner's] answer is to create public beach with A) a re-nourishment project and B) customary use of deeded dry sand.

I agree the Commissioners short sighted answer to their failure to manage growth that has created this mess ...
A) was to create public beach with the failed 2016 beach fortification that was reject by 94% of the beachfront owners - because it created 75 feet of public beach, with sand that did not even meet Commissioner's own white sand ordinance standards, between private property that is deeded to the Gulf waters - not a public beach.
B) customary use because it is the only legal principle commissioner have left, if the Commissioners get a liberal judge who ignores the Constitution, and because it costs commissioners nothing but the Walton tax payers millions to try.

 

[FloridaBeachBum]

Oh yes customary use implementation is a state function not the county'.

Any person or local government can claim customary use on private property. It is the function of the courts. Except an individual customary use Plaintiff can not declare by ordinance that customary use is superior to the Defendent's Constitutionally protected property rights.
There have been at least 2 or 3 private individual claims of customary use on individual private property in Walton since 2003 but were withdrawn by the customary use Plaintiffs. Probably because they had no chance to succeed. Ask attorney David Theriaque, Walton land use attorney at $425/hr, he was the Plaintiff's attorney for all of them. The problem now is the commissioners have more money (tax payers millions) than sense. Theriaque gets paid win or lose. As Walton's outside attorney what answer do you think he would give commissioners about their case?
Do you think any Walton employee would tell the Emperors and Empresses that they had no clothes, including Sidney Noles? Has anyone asked why previous County Attorney Mark Davis abruptly resigned last year and went to work for the attorny's representing property rights?

 

[steel1man]

Did you mean .. the [Walton commissioner's] answer is to create public beach with A) a re-nourishment project and B) customary use of deeded dry sand.

I agree the Commissioners short sighted answer to their failure to manage growth that has created this mess ...
A) was to create public beach with the failed 2016 beach fortification that was reject by 94% of the beachfront owners - because it created 75 feet of public beach, with sand that did not even meet Commissioner's own white sand ordinance standards, between private property that is deeded to the Gulf waters; not a public beach.
B) customary use because it is the only legal principle commissioner have left, if the Commissioners get a liberal judge who ignores the Constitution, and because it costs commissioners nothing but the Walton tax payers millions to try.

A) where do you thing the dry sand came from? Walmart? Ever heard of the "SUN"? Guarantee after few months new beach sand Pumped in from off shore would be bleached as white as it is now...That is until our one week tourist leave behind their trash...