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Stay off this beach

Discussion in 'All About SoWal' started by John G, Mar 19, 2015.

  1. John G

    John G Beach Fanatic

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    Kudos to the owner for protecting his Private Property.


    http://www.wjhg.com/home/headlines/...idents-Split-Over-Beach-Access-296797901.html



    walton+beach.JPG


    WALTON COUNTY-- If you plan on visiting South Walton Beach you may want to be careful where you sit. It could land you in jail. A property owner has blocked off the area near his home, and says it's trespassing if you encroach upon it. As the weather warms up, many people are resting up on South Walton Beach and one thing that's probably not on their minds is trespassing.


    "It's very inconvenient for those people," said resident Vickie Erickson. "They should be able to use any part of the beach. I just don't think it's right."


    But the homeowner of a property along Fort Panic Road has blocked off their property from public use all the way into the Gulf of Mexico.


    "I love it. I think it's a great idea," said neighbor Bryan Irwin. "Before he built it, everybody from the public beach was coming down and fishing and hanging out and so he built it to keep them out of here."
    But Walton County Sheriff's Office officials say if people set up in the wet sand they are not trespassing. However if they're near the home or dunes they could be charged, and if they are somewhere in the middle it depends on the situation.


    "Just because they have a house on the beach, you know if it was secluded where they're wasn't so many people like there is here it would be different, but it's not. This is a public beach and they should not be allowed to do that," explained Erickson.


    Even though it is a public beach, private properties do sit next to it and officials say property owners are allowed to block off a limited amount of land.


    "It's not public property. I guess the perception is it's public, but it's not. So it's all private. Before the fence, all the public beach people were coming down and you'd come out in the morning and your spots are taken," said Irwin.


    A judge sided with the property owner after the county issued them citation for blocking off the area behind their house. The homeowners said they're not breaking any laws.
     
    Last edited by a moderator: Mar 19, 2015
  2. jodiFL

    jodiFL Beach Fanatic

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    he only owns to the mean high water line... the State of Florida and its residents and guests are the Sovereign owners of the land south / seaward of that line. (read section 161 of the Florida Statutes for more info)
     
  3. Andy A

    Andy A Beach Fanatic

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    Who's the judge that's so stupid he doesn't know or didn't find out that all the land south of the HMWL belongs to the public of Florida. And if we did the right thing, it would be like California and declare all beaches public to the toe of the dune or a similar line.
     
  4. m1a1mg

    m1a1mg Beach Fanatic

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    Horse poop. I'd really like to know who that judge is as well. I've been tempted, more than once, to remove the poles on the seaward side. I note that the Sheriff's office knows what is right. The reporter needs to dig a bit deeper.

    Jeff Mc, just as long as you protect what is truly private property, I have no gripe. But that person has poles that are set south of the MHWL.
     
  5. Lake View Too

    Lake View Too SoWal Insider

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    So, how hard is it to pull up the posts seaward of the MHWL? If someone would just do that, I doubt he would do anything. If he did then he would be "breaking the law". If everybody does nothing, he wins.
     
  6. steel1man

    steel1man Beach Fanatic

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    one big storm surge will remove the two in the surf.
     
  7. jodiFL

    jodiFL Beach Fanatic

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    from the looks of it , one big surge would remove his house....problem solved...
     
  8. Joby

    Joby Beach Lover

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    Best quote of the article "I love it. I think it's a great idea," said neighbor Bryan Irwin. "Before he built it, everybody from the public beach was coming down and fishing and hanging out and so he built it to keep them out of here."

    Fishing and hanging out, wouldn't want that to happen on the beach
     
    Last edited by a moderator: Mar 19, 2015
  9. Beach Runner

    Beach Runner beats on hood

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    The parcels on this street don't go all the way to the Gulf. Just look at the plat maps at http://qpublic6.qpublic.net/qpmap4/...461&layers=parcels+parcel_sales+aerials+roads. (This is all public information so I'm not revealing anything that you couldn't look up yourself via the county website and the fact that a photo of this house was on the PC news report). Like others have said, these property owners only own to the mean high water line. But for any legal action to be taken against beach-goers, lawyers have posted on sowal.com/bb that that the property would have to be surveyed many times to determine where the mean high water line is.
     
  10. seabythegrove

    seabythegrove Beach Fanatic

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    Do we really want to be like California?
     
  11. pmd8

    pmd8 Beach Lover

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    For some reason the owner, FLP DUNE ALLEN LLC , is not on Sunbiz.org.

    The Lubbock mailing address is the same as the address for the Crofoot Ranches, owned by Jay Crofoot.

    As a local, I really resent these Texas carpetbaggers.
     
  12. ReginaR

    ReginaR Beach Comber

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    Just one more reason to look forward to returning to my Dune Allen home in two weeks. I usually walk the beach towards Gulf Place for my morning coffee but will make a point to stroll west so I can walk the beach behind this house twice daily. Like most owners I will carry a sack and pick up occasional litter. I am amazed the owners are complaining. It is such a quiet end of the beach.
     
  13. Andy A

    Andy A Beach Fanatic

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    In this one case, yes. I surmise that the only reason deeds show the beach as "private" is because so very bright realtor in the past saw fit to declare it so when trying to sell beachfront property. Many of us believe that there are certain rights available to the public and one of those rights is access and use of our natural habitat. The beaches are among those natural wonders, IMO. The only requirement is that people be respectful and leave the beach as they found it. I find that about 95% of our visitors do just that. You cannot plant anything, build anything or use it for anything except recreation and pleasure and yet "private" beach owners deny any usage. I say all this as a "private" beach owner who understands the natural usage of the beach.
     
  14. carson

    carson Beach Fanatic

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    Yes, those pesky homeownership laws, being able to buy property basically wherever you want..except for Alys Beach. I don't see it as Texans, I see it as idiot butthole and there are plenty of those, local, Alabama, Georgia. Butthole is equal opportunity.
     
  15. John G

    John G Beach Fanatic

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    Wow, lots of hostility towards a homeowner, that took it upon themselves to protect their private property from intrusion. Took it so far as to lawfully challenge the county when they told them they could not have the fences.

    Looks like the high court has ruled in favor of this on this occasion.

    If you don't like what he's done, go sit on his beach with a sign and protest it. Hopefully he'll call the cops and have you removed.

    Why is it so hard for people to respect peoples private property? There seems to be a sense of entitlement here that the beach is owned by everyone. If you have a deed and a survey that shows you own something, than you own it. The public owns the Public Beach, that's obvious (now enter the vendors making demands)...

    As for the mean high tide line argument, that is an average over 20 years. Right now it sits somewhere out in the water.

    For all those that will post against my opinion, let's all remember that we never had these issues in the past, oh about 6 years ago is when this all started. Look to three little letters to point fingers at = T D C.

    Yet, they keep advertising (Big $$$) to attract more people to come here and we can't even solve the problems we have from two years ago.

    We have no where for them to park, not enough public beach, not enough enforcement, the list goes on. Yet, they will continue to come, start to see the changes, vacation elsewhere and we will be left with what Front Beach Road on the West End looks like (abandoned buildings, vacant store fronts, unkept homes).

    Welcome to Paradise (lost).
     
  16. jodiFL

    jodiFL Beach Fanatic

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    Do you have a current topo survey showing the MHWL being in the Gulf? Feel free to post it. Because if thats the case.. the state of Florida STILL owns it because all submerged lands are owned by the State.
     
  17. ShallowsNole

    ShallowsNole Beach Fanatic

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    I'll be walking through his and his neighbor's properties today, as I do twice a week when the weather is warm and it's not raining.

    Even though I disagree with their interpretation of the beach all the way to the Gulf being private, out of respect, I usually stay close to the surf on my walks. In this case, I'll walk a bit further north because last time I went there was a pole in the way.

    Hopefully there will not be any beach emergencies between Fort Panic Road and Topsail State Park, as he has essentially blocked that area from emergency services. I cannot picture the beach patrol carrying the jetski down the steps at the Stallworth access to go save somebody.

    And heaven help the poor turtle that picks that spot to come ashore and build her nest.
     
  18. Jim Boothe

    Jim Boothe Beach Comber

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    This guy is a jackass! I'd like to see him try that in California, or on the beaches of Michigan.
     
  19. John G

    John G Beach Fanatic

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    Mr. Muscle:

    Name calling is not appropriate on this site...

    Before you give your opinion, try to educate yourself a bit on what's going on with all the beach property rights issues. Apparently a judge said he could do this so why is this guy a jacka&%? He is doing what he is allowed to do.

    This is not California. Michigan has a beach???
     
  20. jodiFL

    jodiFL Beach Fanatic

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    With over 3100 miles of shoreline (about 1000 more than Florida)
    I am pretty sure there are a few beaches there...
     
    Last edited: Mar 20, 2015

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