Mike Huckabee’s role in pushing controversial beach access law

[Bob Wells]

Bob, this is not about a “disagreement”. The difference between my opinion and the commissioner’s opinion, if the commissioners opinion is wrong it cost all tax payers multi-millions of dollar$$$.

If a business CEO or board of directors inserted their personal feelings and agenda into an investment that then cost the stockholders multi-millions of dollars in litigation, zero return, and a decades of ill will; what do you think the consequence would be for that CEO? They would or should be terminated or resign. The stockholders would also have recourse in the courts to recoup money lost for negligent CEO decisions.

But it’s all Walton property-tax payer’s millions; it’s not commissioner’s money. There are no consequences. You think Walton attorney David Theriaqu is going to tell the commissioners they do not have a great case? Theriaqu gets his $425/hr and $0 if the commissioners reconsider. So Theriaqu has zero wins on three individual Walton customary use cases over the years.

At worse the commissioners get voted out of office or get hired as the County Administrator for more money and the tax payer keeps on paying. This is about consequences for costing tax payers many MILLIONS of dollars and could get nothing but ill will. That's not doing their job.

If you or commissioners are so sure common law customary use is superior to private property rights would you risk your own money? Hundreds of beachfront owners will. If it was commissioners own money do you think the votes to litigate would be the same? I doubt it. Commissioners should at least be be accountable and resign. Maybe Walton voters would vote for commissioners that have experience running a $171,400,000 organization and investing tax payers dollars that will have a return on investment. I can dream too.

You asked a specific question and I gave you a specific answer. If you choose to bring the corporate world into this for failures, let us discuss this. When Financial Institutions were having failures who was it that bailed them out? Those CEOs with their Golden Parachutes weren't going hungry. Sure they lost their jobs but I will bet those folks further down the chain were taking a huge hit when the Corporate Office had to figure out who else needed to be let go to pay for it. That guy who answers the phone to answer question probably went looking for a job. The lack of Customary Use will negatively affect tourism which will affect employment opportunities. That is a failure on our leaders selling our area to business. If we had spent money to advertise to business like we have to tourist we may have a more balanced economy. Let me ask you this, how long have you lived here? Are you a beachfront property owner? If yes, since you lived here, how many times prior to 2015 have you called the law to have people removed from the beach near your home? I want you to understand, I am not attempting to be disrespectful and I am not going to get in the name calling, so lets be clear if this conversation starts to deteriorate by supporters of either side I will not be involved. You also didn't answer my question, if those who own homes overlooking the beach lose in the courts, are you calling it quits?

 

[FloridaBeachBum]

The lack of Customary Use will negatively affect tourism which will affect employment opportunities.

Bob, you did give a specific answer that you would not hold commissioners accountable. Then made a leap from accountability to golden parachutes and some person answering the phone.
Your point I think is “The lack of Customary Use will negatively affect tourism which will affect employment opportunities.”

Give me some evidence - some facts that without customary use Walton local economy will be devastated.

Here’s my facts; it’s been reported that 60% for FL coast is private property. Every Florida coastal county but 2 do NOT have customary use, including the counties on both sides of Walton, Okaloosa and Bay. Even before April 17, 2017 declared customary use ordinance and after July 2018 Walton’s economy and property values have gone up. Ask bob bob, he posted July bed tax was up 4% over 2017. Bed tax has been up each year for many years including years before Walton commissioners declared custom on private property and now after.

That Walton’s economy will collapse sounds more like opinion and fear mongering for your and the commissioner’s customary use agenda, not facts. You don’t run a business or a county, well, on supposition and opinions. It's supply and demand - private owners earned what they have - the supply - and you just can't take property rights you want or create a story that owner's never owned it.

Even if true the commissioners would be responsible, not the property owners, for the house of cards (and local economy) the commissioners (and developers and REALTORS) built, based on more than a hundred MILLION of dollars of TDC tax payer money over 20 years telling tourist to come to Walton’s 26 miles of public beaches (except it’s about 75% private beaches). And don’t worry about being respectful or that trash you left behind since beachfront owners were gracious enough to share their property with you over the decades.

Why does it matter how long I or anyone else have lived here or if I’m a beachfront owner!? Does that give a person some special knowledge of the law or facts that's different in Walton? If you have read my previous posts you’d know. Since 2015 how any times has the Sheriff been called for trespass and removed ANYONE from private property? I’d guess the Sheriff has been called many times and no one’s been removed. I’ve been here long enough to know the elected Sheriff has made a political decision not to enforce the law that protects property owners right to private and peaceful enjoyment of their property. Even when owners have complied with the Sheriff’s onerous trespass standard operating procedure and or his made-up arbitrary “wet sand” property boundary. Even if you trespass and destroy court approved signs on private property you will not be charged with trespass.

You didn’t answer my previous question; have you read Blackstone’s Commentary of old English common law custom and it’s criteria? I’m sure our understanding of how ancient custom applies to Walton today 253 years later will differ but have you read it? It’s the foundation of all American customary use. Have you read the Constitution Bill of Rights 5th Amendment - rejecting much of that old English common law - and is the law of the land in the United States of America? It’s only tax payers money to litigate - would the commissioners or you spend your own money to litigate for public customary use on private property? Beachfront owners will. If private property rights prevail the least the commissioners should do is resign and hopefully voters will wake up and elect competent experience people to lead Walton County and spend their $171,400,000 wisely. It’s one thing to repair a road and another to litigate millions of tax payer dollars on Constitutional litigation that could have repaired that road and may result in nothing but ill will for a long time to come.

 

[FloridaBeachBum]

Bob, I know reason will not change your and Teresa and other vocal customary use supporter’s opinions. I post so other property owners have some facts from someone who has done some homework and to know they are not alone on protecting their property rights, for others who don’t know what old English common law custom is and isn't but want to understand more about it, have some facts, and not rely on the emotional calls of "your sand is my sand" of people here, social media, or the papers. And hopefully join the many other beachfront owners to seek legal advice and help protect their Constitutionally protected property rights in court as well.

 

[FloridaBeachBum]

Stop the Huckabee conspiracy theories unless you have some evidence and facts. Huckabee is entitled to his opinions as a private citizens just like you, me, or Teresa. The article Teresa posted states his opinion as did many other beachfront owners.

Santa Rosa Beach attorney Daniel Uhlfelder, a leader of Florida Beaches for All, a local group that wants to preserve beach use, said Huckabee's view is wrong. "It's not a private property rights issue," Uhlfelder said. "It's about the use of beaches."
You mean the use of the beaches, which is fee simple property with title and a deed and a bundle of property rights - the most important one being private use and enjoyment, is not a property rights issue!? I don't think I'd seek out Uhlfelder's legal advice.

 

[Teresa]

@FloridaBeachBum I agree with you that Huckabee has a right to his opinion regarding customary use. There is no conspiracy to my knowledge. Just proof that he moved here to the beautiful beaches of South Walton Florida. Then over time decided that his beach front needed to be protected from the public. Not a neighborly thing to do in the opinion of many who live, play, work and visit here. The community has a lot of questions about his motivations and involvement. And they have a right to not be happy with his stance.

I stand with our community as always. I am in awe of the outpouring of local people, leaders, volunteers and all of the energy that we are witnessing in response to Customary Use. I also appreciate hearing from you and other beach front owners. All voices are important. I hope we can be kind and respectful of one another throughout this process. We are all here together. I am seeing some desperate people being petty and unproductive. Slamming their neighbors. That's truly unfortunate.

I'm sorry to see the issue become so politicized by using the private property rights angle. I agree with Daniel and Florida Beaches For All that it is about use of our beaches. Other coastal communities don't face our battle for the beaches. Because customary use is just a normal everyday thing whether they call it that or not. Those communities know that they are ultimately responsible for protecting access to the beaches and also preserving those beaches for all time. The health of their coastal environment and economy depends on it.

 

[FloridaBeachBum]

@FloridaBeachBum I agree with you that Huckabee has a right to his opinion regarding customary use. There is no conspiracy to my knowledge...

I'm sorry to see the issue become so politicized by using the private property rights angle.

Private property rights is NOT an "angle". It's a right that the founders of the united States of America valued and protected from Governments like Walton.

 

[Teresa]

PEACE LOVE BEACH


Last fall I spent a week here on the Gulf in Inlet Beach. What a magical time of year to soak up the warm fall, take long walks, explore Lake Powell and beaches stretching east and west. I was staying at my aunt's beach house. There was no worry or even a single sign or rope that warned of private beaches anywhere in sight in either direction we wandered. The peace and beauty were totally uninterrupted. There is no place on earth like our little piece of the planet. I don't know why we would accept private property signs and chains as part of our coastal landscape. We can do better.

 

[Shannon Lince]

@FloridaBeachBum I agree with you that Huckabee has a right to his opinion regarding customary use. There is no conspiracy to my knowledge. Just proof that he moved here to the beautiful beaches of South Walton Florida. Then over time decided that his beach front needed to be protected from the public. Not a neighborly thing to do in the opinion of many who live, play, work and visit here. The community has a lot of questions about his motivations and involvement. And they have a right to not be happy with his stance.

I stand with our community as always. I am in awe of the outpouring of local people, leaders, volunteers and all of the energy that we are witnessing in response to Customary Use. I also appreciate hearing from you and other beach front owners. All voices are important. I hope we can be kind and respectful of one another throughout this process. We are all here together. I am seeing some desperate people being petty and unproductive. Slamming their neighbors. That's truly unfortunate.

I'm sorry to see the issue become so politicized by using the private property rights angle. I agree with Daniel and Florida Beaches For All that it is about use of our beaches. Other coastal communities don't face our battle for the beaches. Because customary use is just a normal everyday thing whether they call it that or not. Those communities know that they are ultimately responsible for protecting access to the beaches and also preserving those beaches for all time. The health of their coastal environment and economy depends on it.

You are suing me in court, costing me tens of thousands of dollars - but you want us all to be kind and respectful to one another?

Yes I entirely agree, slamming your neighbors with a lawsuit and is beyond unfortunate - it's malicious.

Shannon

 

[Teresa]

You are suing me in court, costing me tens of thousands of dollars - but you want us all to be kind and respectful to one another?

Yes I entirely agree, slamming your neighbors with a lawsuit and is beyond unfortunate - it's malicious.

Shannon

This was not the community's decision. The great majority of people wrote, called and implored the governor not to sign this bill. I don't like that Walton County was singled out. But it's what we've got thanks to Huckabee, Rick Scott and other Florida representatives who thought a court process would be the best solution. It's not malicious. It just is what it is. I'm sorry.

And yes I do wish PEACE for all of us and that includes you. Your concerns are as important as anyone else in our community. I am sure you are involved and will be actively learning and supporting your community like so many here who love living and working here.

 

[Dave Rauschkolb]

Referring to the subject of this Thread, Governor Huckabee was using the private beach narrative all the way back to 2015 when the BFO's mobilized to stop beach nourishment. An act that would have nullified this quiet title bid(s). Well, he has one. We will see if he gets another one on the property he just bought next door.

It is clear the Walton County Board of Commissioners are eying up these quiet titles for challenges. The Headland case appears to have possibly been an intentional a pass made by the beachfront owners, lawyers to perhaps avoid a precedent loss on a quiet title. They dropped their bid. It was good news and a surprise at the recent BCC meeting but you have to wonder why they dropped it.

Anyway, an interesting read on Governor Huckabee's efforts to stop beach nourishment. The one thing I agreed with him on was the sand must be pure when the do it. I think Beachfront owners will change their tune on beach nourishment if we get a Cat 4 hurricane and 15 foot tidal surges. People forget quickly but I don't. The truth is armoring and geo tubes do nothing to stop a 15 to 20 tidal surge. Wedding cake slices off the primary dune bluff and homes falling into the sea. One storm and they will be screaming for beach nourishment and that will change everything again. I've never been a fan of beach nourishment either but I've changed my mind.

Huckabee Battles a Government Initiative (In His Florida Neighborhood)