i was walking past sanctuary by the sea in grayton and i see a good sized sign dug into the sand and walk up to read it. now the beach is a good 75 yards wide here but this sign is in the middle of the beach and it says sanctuary by the sea. walking on many places on 30-a i've never seen a sign in the middle of the beach for commerical signage. MY QUESTION IS THIS LEGAL? I NEVER THOUGHT A NON GOV'T ENTITY HAD A RIGHT TO PUT THERE SIGN ON A BEACH THEY DON'T OWN.
Is this legal to have on the beach?
- Thread starter gmarc
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if they own that particular parcel of beach it's legal. otherwise it's not.
There are many signs like that in SoWal and Destin designating private property.
kurt i've seen signs near the dunes or walkway but your're saying you've seen signs in the middle of a wide beach? so are we getting back to the supreme ct case here? i thought the whole beach was county owned?are you saying a condo complex can own the whole sand and beach to the water?
I have seen some in the middle, and posted pics of a few. Most signs are closer to the dunes. Those who "own the beach" in front of them, the norm is to the "mean high water line". There is quite a bit of "private beach" in SoWal, according to the deeds. The supreme court is involved.
http://www.sowal.com/bb/groups-orga...ion-presents-united-states-supreme-court.html
Landowners along Florida beaches ask Supreme Court to examine taking of private property - washingtonpost.com
Yes kurt i've been following the supreme ct case. Maybe sanctuary by the sea is staking its claim to the area for umbrella space so redfish next store doesn't encroach?wow this is a sticky issue and i can't see the supreme allowing private entitys to own "the beach and sand". but we shall see
I am not sure that the Supreme Court's ruling will affect areas that have not had beach nourishment projects. The legal arguments are focused on state law regarding the establishment of an Erosion Control Line prior to construction of a beach nourishment project, and whether or not the Florida Supreme Court's ruling in support of the statute was a "Judicial takings."
In some cases, deeds do show the sandy beach (to the mean high water mark) being owned privately. However, there are some county restrictions about obstructions on the beach interfering with emergency and maintenance vehicles, so a sign placed in the wrong place, may not be allowed. There are also Federal laws about harming endangered species, so there could also be a problem when Sea Turtles come ashore to nest, if they are trapped by a sign.
On the flip side, private property laws state that you must defend your property, or otherwise, some of the rights could be lost in the way of easements, and other things. One way of "defending" your property is by erecting "no trespassing" signs, alerting others that it is private. The kicker in most of these newly seen signs (as in the last several years), is that we only recently began seeing them erected, and the public has been using that property for many years as though it were public, hence the debate of whether or not it has public use, even though it is privately deeded. In other words, it may be way too late to start claiming it by posting signs, more than twenty years (defined in previous cases by the FL State Supreme Court) after the public has been using it.
On the flip side, private property laws state that you must defend your property, or otherwise, some of the rights could be lost in the way of easements, and other things. One way of "defending" your property is by erecting "no trespassing" signs, alerting others that it is private. The kicker in most of these newly seen signs (as in the last several years), is that we only recently began seeing them erected, and the public has been using that property for many years as though it were public, hence the debate of whether or not it has public use, even though it is privately deeded. In other words, it may be way too late to start claiming it by posting signs, more than twenty years (defined in previous cases by the FL State Supreme Court) after the public has been using it.
Yea Baby! Finally a bit of Constitutional sense can be brought back into the formula. And with the amount of dollars paid, they even have given a financial incentive to find a law to challenge. The BCC created a jobs bill without even realizing it.