Public vs Private Beach [threads merged]

[FoX]

Free The Beach!

 

[jkmason]

The chair and umbrella blockades, largely unoccupied, are so ugly. Free the beach from unoccupied beach chairs!!

 

[steel1man]

Good News county is removing "Public Beach " signs off of HIGWAY 98 at BMB. Reason? there is NO MORE PUBLIC BEACH AT THE END OF 83.
Well maybe about 22' out of 150' of public space.

 

[steel1man]

The chair and umbrella blockades, largely unoccupied, are so ugly. Free the beach from unoccupied beach chairs!!

HOW?

 

[steel1man]

Does anyone know if the wcso sop addresses the mean high tide water line and the right of the public to transit and set up on the beach below that line?

My wife and I were booted off the beach at Sanctuary by the Sea. We were in our chairs about 10' from wet sand and probably 50-100' seaward from the mean high tide water line.

Their signage has become more aggressive over the last couple of years. Here is one of their signs.

jK next time ask them to show you annual survey, check date. The MUST show you to enforce...and FYI MUST be this years survey, they have to do it yearly.
At least make them work for their privacy.

 

[FactorFiction]

I will need to go back and read the entire SOP again but I am not sure WCSO thing reads TOPO survey. A boundary line survey is not sufficient according to Florida statutes. (I am really dreading the hours reading all those chapters again.I posted it several years ago when this whole thing started but that post is long gone. Maybe I should have put something about a blue tick puppy in it....)

 

[BlueMtnBeachVagrant]

Yes, this is correct and it is also part of what I'm trying to get folks eyes to see. A survey is Part of the WCSO SOP and must be included in the packet you give to them. That, along with clear, easy to read signs are also part of the requirement for a beach front property owner to receive services as it relates to Trespassing on their property.

I'm sure most owners don't want to jump through all the hoops and spend the $2000+ for the nice little packet.

Before everyone dismisses the sheriff's culpability in why signs are popping up, do a little research.

John G, it certainly doesn't appear easy (or reasonably priced) to definitively prove one's southern boundary. Yet common sense dictates that it exists "somewhere" near the wet/dry sand boundary during normal tidal conditions (no high winds or storms) based on the definition of MHWL.

Some background and a question for all: Most gulf front lots whose deed runs to the MHWL are typically 4 sided lots with northern, eastern, western and southern property lines. With the southern boundary being in dispute on how it's enforced and based on extrapolation, how does a beach front private property owner prevent the public from trespassing on ANY part of their property?

As an example, would a deputy remove an uninvited person from one's immediate grassy backyard if instructed to do so by the owner?

If the answer is yes, then what is LEGALLY used as the southern boundary if the MHWL is in dispute?

If the answer is no, would the property owner be liable for any harm to the person during removal by the owner if the sheriff refused to do it? Would the sheriff be held liable?

Does the law provide for a "backup" southern boundary if the MHWL is in question?

 

[FactorFiction]

I am very interested in the reasons that the public does not seem to utilize the state parks in South Walton, especially given that they have parking and pristine beaches. The parks seem to be sorely underutilized and yet they are clearly open to tourists as well as residents. With an understanding of the reasons that people DON'T use the parks, perhaps Walton County can figure out a way to better utilize the parks to alleviate some of the public beach and parking issues.

 

[Bob Wells]

I am very interested in the reasons that the public does not seem to utilize the state parks in South Walton, especially given that they have parking and pristine beaches. The parks seem to be sorely underutilized and yet they are clearly open to tourists as well as residents. With an understanding of the reasons that people DON'T use the parks, perhaps Walton County can figure out a way to better utilize the parks to alleviate some of the public beach and parking issues.

Location of parking and distance to beach from said parking. Except for Grayton.

 

[Bob Wells]

John G, it certainly doesn't appear easy (or reasonably priced) to definitively prove one's southern boundary. Yet common sense dictates that it exists "somewhere" near the wet/dry sand boundary during normal tidal conditions (no high winds or storms) based on the definition of MHWL.

Some background and a question for all: Most gulf front lots whose deed runs to the MHWL are typically 4 sided lots with northern, eastern, western and southern property lines. With the southern boundary being in dispute on how it's enforced and based on extrapolation, how does a beach front private property owner prevent the public from trespassing on ANY part of their property?

As an example, would a deputy remove an uninvited person from one's immediate grassy backyard if instructed to do so by the owner?

If the answer is yes, then what is LEGALLY used as the southern boundary if the MHWL is in dispute?

If the answer is no, would the property owner be liable for any harm to the person during removal by the owner if the sheriff refused to do it? Would the sheriff be held liable?

Does the law provide for a "backup" southern boundary if the MHWL is in question?

I read the SOP, and it appears that those who claim some beach, may have a very difficult time claiming it. Those that claim the the property may not like it but the SOP appears reasonable and it is about what you can prove not what you can claim.