Public vs Private Beach

[PeterFrohwein]

I don't think that will fly. From what I understand, each state can have varying laws involving eminent domain. Example: Florida, I believe, changed eminent domain regarding seizing private property for the purpose of increasing the tax base....i.e. allowing developers to redevelop valuable coastal porperty when maybe only mobile homes are currently sitting on the land and are perhaps homesteaded. This form of eminent domain is now a no-no (as it should be).

BUT.....

Let's assume it could happen. You sound like a fair minded individual. Let's say the state and/or county can seize private beaches via eminent domain.

The BIG question is how does one establish the value of the beach seized (basically dune line to water line)?

As you state, the property owner must be compensated for the value of the land "taken".

In the case of private beaches, is it generally the current difference in value of beach front vs. first tier? vs. 2nd tier? vs. 1/2 mile off the beach?

How does one truly value a piece property in which so many can financially benefit from?

These are questions looking for answers not confrontation.

The type of eminent domain you describe is I believe very dangerous.
If the public alone where to benefit by the taking of land that is one thing.
To get private individuals involved (developers/investors) benefiting
is a whole different situation which I do not agree with.

You are missing a legal point here. The State of Florida might have laws on the books concerning eminent domain but as I understand it if a case where to go to higher federal courts or as high as the Supreme Court, that any ruling by them could/would over rule Florida state law.

In essence the beach is a park which needs to be made public and protected for all. (Any lawyers in the house? Is what I am saying correct?) By-the-way there are 1000 different reasons people go to the beach, of which sunbathing is only one.

As to valuing the land? I would think that would be pretty strait forward. Say a land owner has a ? acre lot appraised at a fair market value of 1M. And say that 25% of the property is what the state wants to take. So 25% of 1M is $250K.

 

[Smiling JOe]

As to valuing the land? I would think that would be pretty strait forward. Say a land owner has a ? acre lot appraised at a fair market value of 1M. And say that 25% of the property is what the state wants to take. So 25% of 1M is $250K.

I'm not so sure it would work like that. Once you give the property owner the density based on the complete property, to "protect" their value, you cannot simply give payment based on a ratio of land to value. The lower elevation of land has limitations of use. For example, one cannot build on the lower elevation of the beach. Even to construct a walkover, one needs a permit. The land is basically unusable property compared to the upper elevations upon which a home can be built. The values of each are not in the same ballpark.

Even if it were possible for a taking by eminent domain, why would the gov't want to pay for property which has always been used by the public? Doesn't make sense.

 

[florida girl]

As long as I can remember, the beach, up to the "mean" water line, or the edge of the dunes, belonged to the state. No one could own it. How these people "bought" it, I have no idea. Who was paid as the original owner? Wouldn't that be construed as theft? They sold land to an unsuspecting buyer that they didn't own? Sounds more like a criminal offense to me. The old saying buy swamp land in Florida seems to be what's going on. What about a title search? Who showed up as owner? Or was that part just made up? Or, perhaps because the shore line has eroded to such a degree, the old mean water line has disappeared? Whether you are aware of it or not, much shore line has been lost in the last 50 years, were the old surveys kept current? In fact, the shore line continues to erode, and always has.

 

[Bobby J]

It all so clearly falls under "customary use". Even if the courts wanted to rule in favor of the homeowner I feel they know that will never fly. People have been using these beaches in complaint too long.

I am still puzzled why someone would buy property that has people playing out back and then begin to complain about these people playing out back.

 

[florida girl]

You know, an interesting question concerning errosion, if you compare the shore line now, to say 50 years ago, then forecast for the next 50 years, where does the beach lie then?

 

[SHELLY]

You know, an interesting question concerning errosion, if you compare the shore line now, to say 50 years ago, then forecast for the next 50 years, where does the beach lie then?

Dothan, AL.


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[florida girl]

Dothan, AL.


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[florida girl]

Dothan, AL.


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Well that settles it, the beach in question won't even be there, and therefore no arquement!

 

[Beach Runner]

Dothan, AL.


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Good one.
On the other hand, really scary, too.

 

[seaside2]

Go baack a few thousand years and you will find that the gulf's edge was in North Mississippi, etc. You can find shark teeth and other ocean based items approximately 20 feet deep in certain areas.

What hs happend before can happen again!!!