What's ancient and customary is the battle between the "haves and the have nots". And I don't mean that in a mean spirited way. Until the County, TDC and local developers were overly successful in increasing and promoting the usage density in our area, there was not really an issue with the occasional "trespass" on private property beach front property. We all tried to get along - and did so for the most part without signs and ropes.
Most of us (I believe) who "bought" beach front property did so for the love of the laid back nature of our area - not for the conscious execution of keeping others off the beach.
But now, things are changing due to growth. Some say for the better and some say for the worse. I'm somewhere in between. I've heard it (and said it) a thousand times - "It's so much nicer here than in Destin and Panama City" and I sincerely believe it's because of the historical restraint placed upon growth in our area. But historical growth restraint is about to fly out the window.
So.....I offer this thought for your consideration:
After this recent beach workshop meeting, it is blatantly obvious that the majority of the population (and government officials) want the beach to be public regardless of the means or ramifications.
I propose that we immediately remove the 4 story building limit in exchange for deeding the private beach front property over to the county and allow high rises to be built like they have in Destin and Panama City Beach. After all, isn't this the direction we're heading? Shouldn't everyone in the world have the opportunity to visit our beaches once they become public? Wouldn't that be just peachy for business owners and the local struggling economy? Why not?...Soon we will have a brand new bridge feeding the frenzy. And shouldn't we expect the county's investment in roads, bridges and infrastructure to be recouped from more tourists' money?
The beach front owners could sell their property for more money and the public would get their beach. Everybody is a winner!
Actually, this already happened (more or less) at the the off-beach Redfish Village Condo Associstion (80 units) who owns a beachfront lot near the BMB Regional Access. The county allowed them to use their lot for private beach access against all existing county regulations ONLY BECAUSE Redfish Village allowed the public full easement rights to the this small beachfront lot (this was one of the ordinance exceptions in this matter). I challenge you to count how many "public" tourists are using their lot vs. the wall to wall of Redfish RED umbrellas that are set up in the morning before the public even wakes up.
As a side note, isn't this the same problem occurring at public accesses? In my opinion. the government allows beach vending on public beach where there shouldn't be any.
Back to customary use:
In any sense of the word, this would be a taking of private property without compensation.
I just heard someone say, "What the hell are you talking about? This is a taking based on customary use!" No, customary use is a very convenient way of saying, "You have it - we want it."
I guess to be fair, we should support the Native Indian's customary use rights to hunt and live anywhere they see fit. Shouldn't they should have full rights to all private and government property including everyone's backyard, parks, businesses, even the beach? Yea, I didn't think so. At least when the white man removed the Native Indian from THEIR land at GUNPOINT, the white man provided them with reservations (a very minimal compensation, by the way, for disrupting their way of life). But now they have casinos!
So far, I've heard nothing regarding compensation for what I consider to be a taking. As a matter of fact, unless the beach front owners just simply bend over and take it, it will COST them significant legal fees just to protect what is rightfully and legally theirs (based on the white man's records at the courthouse). And from first hand experience, most of the county commissioners do not give a damn about how much a private citizen has to spend to defend their legal rights. And if one can't afford to fight, one will lose against the county regardless of the issue.
Simply put, be careful what you wish for. The beach is a finite resource regardless of who "owns" it.