Public vs Private Beach [threads merged]

[BlueMtnBeachVagrant]

Let me say that I am really confused as to the county's consistency. For the most part I see them attempting to try and confiscate private property for public use. This is understandable if you are the "public".

Tonight, the BCC voted down (3 to 2) to build a beach access on property they already own which would lead to a public beach at the end of Shedland Drive. There were some extenuating circumstances. First a county employee said they were going to replace a walkover that was destroyed by Dennis. Based on comments made by long time residents, a walkover NEVER existed in the first place - the employee apparently presented bad information as to the history. The "blind corner" aspect was also brought up that could endanger pedestrians, cyclists etc. And there were no parking spaces involved.

One resident said all they have to do is walk 100 feet to the existing walkover in the same neighborhood. Most of the BCC agreed.

 

[BlueMtnBeachVagrant]

"4 to 5 months" at up to $425/hour for attorney fees...

That's what it's going to cost the county to hire an attorney to simply "explore" customary use - not file any suits.

A few citizens requested that the BCC put a maximum limit as to how much can be spent on this exploration. There was no cap set. Sara Comander asked Mark Davis to simply provide updates as to the money being spent.

Prediction:

1. Assuming the customary use attorney finds a "good enough case", the county will join in a customary use lawsuit against a single or group of private property owners.

2. The county will win at the county court - no surprise there.

3. An appeal will be filed. An injunction will also be filed preventing the public from using the private beach in question until the case is resolved. The county will probably lose.

4. In either outcome, the case will be appealed to the state supreme court. The county will lose.


The amount of money quoted in the first line of this post does not come close to what it will cost to litigate the case through all the courts, both direct and indirect costs - money that could be used for other items such as land procurement.

And all of this will take YEARS before the final outcome.

Some of you know that the county is not shy when it comes to litigation. BUT their track record has been less than stellar - and I'm not just talking about Suzanne Harris' recent cases that she won, but I guess those also support this idea. Lots of expense and bad will could have been avoided had the county just done the right thing and followed their own rules.

In this situation, the BCC will hide behind their very vocal public cheer leading constituents. If the public wants it, it must be good - right or wrong.

 

[jodiFL]

"For the most part I see them attempting to try and confiscate private property for public use. This is understandable if you are the "public".
From what I see it is them trying to make beachfront owners understand that they do NOT own all of the beach to the waterline and beyond.....They own to the MHWL and that is all. IF you think you own it..PROVE IT! Break out that TOPO survey or else shut up and stop trying to intimidate people from using the part that belongs to ALL the people and guests of the State Of Florida...

 

[steel1man]

I thing Mr.Bagby says it best. From last nights BCC meeting:

A proposed Beach Activities Ordinance that would have prohibited placing and leaving obstructions on the beach was rescheduled for May 10. Those obstructions would include fences, ropes, chains and signs such as the ones some beachfront homeowners have placed on the beach declaring their property as private.

Commissioner Cecilia Jones noted that Walton County has a “leave no trace” ordinance on the books and it should be enforced. ( keyword here ENFORCED)

*********“This is more important than hiring Theriaque,” said Jim Bagby, the county’s former TDC director. “Most of what (beachfront property owners) are opposed to is the public setting up tents, etc. in front of their homes. Beachfront property owners may allow customary use if you get the people who are coming here under control. You’ll get support from property owners if you get this.”***************

 

[BlueMtnBeachVagrant]

....They own to the MHWL and that is all. IF you think you own it..PROVE IT! Break out that TOPO survey or else shut up and stop trying to intimidate people from using the part that belongs to ALL the people and guests of the State Of Florida...

I am sorry that you sometimes can't find your peace and solitude when you visit the beach. It certainly is not like it was 5 years ago....

Jodi, I take it back.

Remember, Lake View Too has mandated no hostility on SoWal.

 

[John G]

I thing Mr.Bagby says it best. From last nights BCC meeting:

A proposed Beach Activities Ordinance that would have prohibited placing and leaving obstructions on the beach was rescheduled for May 10. Those obstructions would include fences, ropes, chains and signs such as the ones some beachfront homeowners have placed on the beach declaring their property as private.

Commissioner Cecilia Jones noted that Walton County has a “leave no trace” ordinance on the books and it should be enforced. ( keyword here ENFORCED)

*********“This is more important than hiring Theriaque,” said Jim Bagby, the county’s former TDC director. “Most of what (beachfront property owners) are opposed to is the public setting up tents, etc. in front of their homes. Beachfront property owners may allow customary use if you get the people who are coming here under control. You’ll get support from property owners if you get this.”***************

So, the guy they wanted to fire and ultimately resigned as TDC Director is giving the same idiots that wanted him gone advice...nice.

Additionally, it sounds like he (Bagby) almost agrees with the opinions that some of our tourist base needs to be "under control".

Whom better to do that than Sheriff Mike (and / or the TDC code enforcement)?

Now we may have people remove their signage and ropes, exactly what is required by an SOP... So, who's gonna Enforce that if it's passed? The same crew that caused the problem in the first place?

This place is off the rails with excuses and can kickers.

LMAO...

 

[steel1man]

Again don't kill the goose that laid the golden egg

 

[BlueMtnBeachVagrant]

So, the guy they wanted to fire and ultimately resigned as TDC Director is giving the same idiots that wanted him gone advice...nice.

I was wondering the same thing. Why is he still so active and vocal if he's resigned? Next Commissioner?

Now we may have people remove their signage and ropes, exactly what is required by an SOP... So, who's gonna Enforce that if it's passed? The same crew that caused the problem in the first place?

I thought I'd elaborate a bit on your comment and wondered about that as well as soon as I heard it. One has to post "Private Property" signs to enforce no trespassing per Florida Code. Now the county is saying private property owners can't post No Trespassing signs because they are ugly and impede traffic? What in the world are they thinking?

Chains I can understand, as the county pretty much has an unchallenged prescriptive easement for travel across the dry sand with their vehicles.

The BCC is unconstitutionally taking away our ability to protect our property in a way mandated by Florida state law.

This place is off the rails with excuses and can kickers.

LMAO...

If it wasn't so sad and true, I'd be LMAO as well.

 

[Bob Wells]

I was wondering the same thing. Why is he still so active and vocal if he's resigned? Next Commissioner?



I thought I'd elaborate a bit on your comment and wondered about that as well as soon as I heard it. One has to post "Private Property" signs to enforce no trespassing per Florida Code. Now the county is saying private property owners can't post No Trespassing signs because they are ugly and impede traffic? What in the world are they thinking?

Chains I can understand, as the county pretty much has an unchallenged prescriptive easement for travel across the dry sand with their vehicles.

The BCC is unconstitutionally taking away our ability to protect our property in a way mandated by Florida state law.



If it wasn't so sad and true, I'd be LMAO as well.

Doesn't live in Walton, unless he recently moved. Ran for Destin City Council.

 

[Danny Glidewell]

This summer is going to be real fun. How about a compromise. In exchange for a conservation type easement for the white sand beach south of the dune line the owners get a 10% reduction on their property taxes? Allow the property owners to retain control over vending. And get serious about enforcing the "leave no trace" ordinance and the current beach activities ordinance. Otherwise the public can use the beaches as they do at the state and county parks. We can even allow the easement to expire should the ownership change so that the underlying value is not disturbed on the property. The new owner could either renew the easement or pay the full tax bill.