Led away in Handcuffs

[NotDeadYet]

Yes, the rule applies to private property. The county can regulate the beaches even when they are privately owned. It really isn't any different from other private property. Government makes lots of laws regulating what you can and cannot do on your property.

 

[NotDeadYet]

I only have an opinion about what happened to the preamble. I don't think it had anything to do with legal enforcement, though. The idea was to put that preamble in there knowing full well it would end up in court. In other words, the county was poised to bring the lawsuit we need now, the one that will be definitive. They lost the political will.
Sure, the beachfront properties along Blue Mountain Road east of the public access at the foot of CR83.

 

[BlueMtnBeachVagrant]

I was wondering the same thing. see attachment

SJ, I know garbage on the beach is a pet peeve of yours. I agree.

I'm sure you are aware that many of the tourists in this area are from gulf front properties. They also pay the 4% "tourist tax" along with the 7% state and local tax. So if a tourist pays $2000 a week for condo or home, $80 is charged for just being a tourist each and every week. And for many owners, garbage service is the only "direct" benefit received. That's a lot of money. Garbage cans are the least TDC can provide in return as gulf front private property owners normally have their own beach access and do not depend on county accesses.

Of course TDC provides marketing and such. But that's part of the problem according to Darwin.

So why would you even be questioning the "good stuff"?;-)

 

[Bobby J]

Smiling Joe, Bobby J, Dave Rauschkolb and some of the others:


Bobby J, you talk up a good rally cry but you haven't addressed, at least what I believe to be, very pertinent issues as to what constitutes "public use".


BTW, if all three of you guys go and get yourselves arrested, Dave will still have his business. Will you other two be able to keep your real estate license?

This is not the first time you have been worried about my RE Lic. It is not always about money for me. How about you? Public use... See Dave's quote... Owning the beach is like trying to own the sky. The beaches are fall all of us to enjoy. I would favor for the court findings of past public use:
Court cases have found that the public has the right to the dry sand parts of beaches in two instances:

• One is if the public has established a “prescriptive easement,” using a particular beach for the past 20 years without objection from private landowners.
• The other is through “customary use,” which is the “ancient,” peaceful use of the beach by the public.

 

[Smiling JOe]

Can you name or describe a property or two in Blue Mountain Beach that you say does not own up to the MHWL?

parcel id 12-3S-20-34000-001-0032

and all lots in Blks 10-13 Blue Mtn Beach S/D

 

[Smiling JOe]

SJ, I know garbage on the beach is a pet peeve of yours. I agree.

I'm sure you are aware that many of the tourists in this area are from gulf front properties. They also pay the 4% "tourist tax" along with the 7% state and local tax. So if a tourist pays $2000 a week for condo or home, $80 is charged for just being a tourist each and every week. And for many owners, garbage service is the only "direct" benefit received. That's a lot of money. Garbage cans are the least TDC can provide in return as gulf front private property owners normally have their own beach access and do not depend on county accesses.

Of course TDC provides marketing and such. But that's part of the problem according to Darwin.

So why would you even be questioning the "good stuff"?;-)

I agree aboutthe TDC providing adequate garbage cans, but not on private property, unless the public will be using them. My thought is that if the TDC monitors it just as the rest of the public beach, it too, is considered public. By the way, most homes, if not all, in The Retreat are not rentals, so there is no bed tax involved in those.

 

[yippie]

Photo taken looking west - picks up Bella Vita and Adagio.

You're right. Someone else said "...someone sitting on one patch of sand does not prevent someone else from using another nearby patch", not you. Honest mistake.

What you said:
"Fourth of July weekend is the buisest weekend of the year. There wasn't a beach in Florida that looked any different. Leave it to you to post that photo and expect ANYONE to believe it is like that all the time. If you can' take a few holiday weekends of the year, then you are living in the wrong place. Maybe a place that doesn't cater to tourism would be better for you."

Thanks.

You're welcome.

So the photo was taken of private property behind the two condos? The beach service set it up and their guest were using it.

I don't really see where that applies to this forum. Understanding a photo of a crowded beach, but it was not a public beach and I don't remember either of these places mentioned with any type of incident.

 

[Smiling JOe]

I don't really see where that applies to this forum. Understanding a photo of a crowded beach, but it was not a public beach and I don't remember either of these places mentioned with any type of incident.

That little stretch is so littered with beach umbrellas that no one wants to sit there. Most of the chairs are empty most of the day.

BMBV, I still don't see many people set up in front of your house. Have you been throwing sticky Gummy Bears at them?

 

[yippie]

SJ, I know garbage on the beach is a pet peeve of yours. I agree.

I'm sure you are aware that many of the tourists in this area are from gulf front properties. They also pay the 4% "tourist tax" along with the 7% state and local tax. So if a tourist pays $2000 a week for condo or home, $80 is charged for just being a tourist each and every week. And for many owners, garbage service is the only "direct" benefit received. That's a lot of money. Garbage cans are the least TDC can provide in return as gulf front private property owners normally have their own beach access and do not depend on county accesses.

Of course TDC provides marketing and such. But that's part of the problem according to Darwin.

So why would you even be questioning the "good stuff"?;-)

As far as I know, it is illegal to use public money for private gain. In Okaloosa County, garbage cans are not paid for on private property, only at public beach accesses. I believe the money the homeonwer makes on renting out these beach front properties would well cover a private trash service.

 

[BlueMtnBeachVagrant]

You're welcome.

So the photo was taken of private property behind the two condos? The beach service set it up and their guest were using it.

I don't really see where that applies to this forum. Understanding a photo of a crowded beach, but it was not a public beach and I don't remember either of these places mentioned with any type of incident.

First, beach service can be requested by private property owners. I don't see any relevance here with all the talk regarding beach service. Perhaps you could explain why this subject continues to pop up.

Second, as I've already said, someone else posted "...someone sitting on one patch of sand does not prevent someone else from using another nearby patch."

I just thought I would show that the beach can get a little crowded and that finding a "nearby patch" of sand could be difficult at times. What better than a photograph?

Does this clear things up?