Walton County Customary Use in the News

[SUP Boarder]

"...ordinance, which was in effect from April 1, 2017 until July 1, 2018, represented an unconstitutional temporary “taking” of the counterclaimants’ property without compensation. Payment for damages, attorney fees, and other costs are sought by the property owners in connection with this filing."

REALLY?! 80,000 Walton residents managed to accept a seemingly unfavorable settlement agreement, but these people can't let this go! Requesting compensation or 'payment for damages" for the 456 days the ordinance was made public.

 

[James Bentwood]

So other than the Alfords looks like dead deal for now it will be interesting to see how owners play this out and how it affects the future of Walco,

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Walton County commits to motions to conclude customary use case without a trial​

By DOTTY NIST

The day after a July 5 vote of approval by the Walton County Board of County Commissioners (BCC), Clay Adkinson, acting county attorney, presented Walton County Circuit Court Judge David Green with a letter stating a “binding commitment” on behalf of the county.

This was to file court motions aimed at “disposing of all matters” related to parcels on which the county seeks a determination of recreational customary use—and at dismissing any parcels not included in those motions, with the exception of one property for which a counterclaim is pending. The letter pledged that those motions would be filed with the court within 45 days.

Green is presiding judge in Walton County’s customary use of the beach case, which has been ongoing since December 2018.

Pledged by the county by means of the letter was that, with final judgments on the motions, the case would be concluded in connection with the dismissed parcels and those included in the motions “without a trial being sought by the county.”

“This commitment implicitly acknowledges,” Adkinson wrote, “that this Court’s judicial labor shall be completed without need for a trial regardless of whether the Summary Final Judgments are in favor of or against the county, while also acknowledging the County is preserving any appellate rights it has to any rulings entered by the Court prior to and inclusive of the Summary Final Judgments.”

The letter qualified that any such appeal “would be on matters of law and application of law only,” and that no “remand” or return of the case to the court for a trial would be sought.

...

 

[SUP Boarder]

A little night time reading. May also want to keep a copy in your beach bag

Customary Use Settlement Agreement

...Transitory Uses in Transitory Zones within Beach Parcels owned by a Participating Intervenor by General Public ...huh?!?

"The County shall strictly enforce these Conditions at all times."

Will be interesting to see how this plays out going forward.

 

[Matt J]

I think everyone should remember this when voting for commissioners, since the current four sold the public and the county out for this "settlement".

 

[bob bob]

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BCC approves filings to resolve customary use case, asking WCSO to enforce settlement agreement
​

By DOTTY NIST

Continuing to strive to avoid going to trial with the ongoing customary recreational use of the beach court case, on July 5 the Walton County Board of County Commissioners (BCC) approved two motions recommended by legal counsel.

This was at a July 5 special meeting at the South Walton Annex.

Filed by the county in 2018, the case had originally included all privately-owned parcels along the Walton County beachfront—with owners of hundreds of those parcels having intervened in the case in opposition to the county effort to affirm a right by the public to customary recreational use of the beach.

With the recent execution of a settlement agreement and dismissals of parcels from the lawsuit, county legal counsel recently reported the case as being resolved or in the process of being totally resolved except for one parcel.

After returning to public session after a 1 1/2-hour closed executive session on July 5, the officials were presented by Clay Adkinson, acting county attorney, with a recommended motion.

“The unanimous recommendation of your legal team,” he told the commissioners, “is to request to pursue motions for summary judgment and dismissals as appropriate against the remaining parcels and stipulate to the court that upon final judgment, either way, that would resolve the case without trial.”

“So,” Adkinson continued, “I need a motion to pursue final summary judgment in this case on the non-intervening parcels and pro se intervenors and counterclaims.”

Pro se participants in a lawsuit are those who proceed without legal representation or counsel.

The BCC approved the action 3-0 on a motion by District 1 Commissioner Boots McCormick, with District 5 Commissioner Tony Anderson absent due to illness.

At Adkinson’s recommendation, the commissioners also approved a motion to direct staff to reach out to the Walton County Sheriff’s Office (WCSO) to request them to consider “running point on enforcement” of the recent settlement agreement and the beach ambassador program associated with that agreement—and to look at funding those activities by WCSO personnel through the Tourist Development Tax (TDT), though mechanisms available under state law.

The settlement agreement does not reference beach ambassadors but does set requirements to be enforced on privately-owned beach parcels and provides for the county to inform the public of allowable use of the beach areas and conduct in those areas.

Adkinson commented that Walton County does not currently have a beach ambassador program “under the TDC” (Tourist Development Council) and explained that moving the program there “is going to take time and might not be feasible immediately due to the new FT requirements and time committed with the transportation program they’re implementing.”

The Herald/Breeze has inquired with Walton County Public Information about the new FT requirements referenced, but no information has been made available at this time.

The Walton County Beach Ambassador Program had been moved from the tourism department and placed under Walton County Code Compliance in spring 2022 by action of Tony Cornman, then interim county administrator.

While operating under the Walton County Code Compliance Department, the ambassador program is still funded through the TDT, as is the Beach Code Compliance Division of that department.

The second action requested by Adkinson was approved 3-0, as well, on a motion by District 4 Commissioner Donna Johns.

 

[Matt J]

Vote them all out.

They all lied, this is not the outcome any of them campaigned on.

 

[Beacher]

“You need to fix it”: Walton County residents fed up with customary use case, private beaches

Multiple Walton County residents spoke to commissioners at Tuesday's meeting, demanding something be done in the customary use case.

www.wjhg.com

“You need to fix it”: Walton County residents fed up with customary use case, private beaches​

Multiple Walton County residents spoke out against private beaches, and demanded county commissioners make change at the Walton County commission meeting Tuesday.

“Just help us out,” one resident said at the stand. “What we are asking, what I’m asking, is that you’re going to make all efforts legally that you have at your disposal to intervene to protect the public’s right to use the beach.”

Residents called for commissioners to intervene in any ongoing “quiet titles”, which are used to determine whose land is whose in dispute. Many private beachfront owners are said to have used quiet titles to claim portions of the beach.

“The issue I have with quiet titles is similar to what everyone else is talking about. It’s that the county, up until recently- I was told that the county wasn’t named in the suit, and could not intervene. Well, that’s not the case. You can intervene,” the resident said.

Others went up to the stand to talk about what they experienced when they go to the beach.

“I can’t even walk on the beach anymore,” another resident said. “I don’t know what the answer is, but it’s not giving quiet title to all these people and stealing our beaches. It’s sad, it’s just sad to see what you have allowed to happen to our county. It’s sad.”

“I mean, I’m a single voice and I’m so frustrated by watching guards kick people off the beach,” another resident told commissioners. “They’re paying a lot of money to come down here to do that. And we’re allowing them to be kicked off the beach by security guards on property that they don’t own? Shame on you guys. You need to fix it.”

Commissioners responded, still restricted in what they can say due to ongoing litigations in the customary use case, saying that they are continuing to fight for public beaches.

“If somebody goes and gets a quiet title, they don’t even have to notify the county they’re getting a quiet title,” District Five Commissioner Tony Anderson said, addressing the crowd. “It’s unfair to the public, it’s unfair to the citizens of Walton County, it’s unfair to our tourists. But what has been done in the past, I’m not a lawyer so I don’t know if it can be undone. But there are things going on behind the scenes to get as much beach back as we possibly can. "

County representatives said they are in the works of creating unified signs and other methods of clearly outlining where the private beaches are, and what restrictions there are at different locations on the beach.

 

[Lake View Too]

Welcome to the Transitory Zones of South Walton. Here are a few of the aspects of the Settlement: The general public may use the portion of the beach, the Transitory Zone, in front of private property, up to 20' from the wet sand. They can use the transitory zone for walking or jogging. They can use the transitory zone for sitting if they are sitting at a ratio of 5' apart. They can sit in chairs but they can not have umbrellas nor tents. They can use the transitory zone only during full daylight hours, not during sunrise nor sunset. They can be expelled from the transitory zone, at any time by the owners if their behavior is deemed inappropriate.

 

[James Bentwood]

Changes are coming to Walton County beaches. A settlement has been reached between the county and private beach owners regarding customary use.


The end result is keeping a majority of the beach private.


“We’ve settled some. We are still under litigation with a few and other than that we really don’t have any comment,” said Danny Glidewell, Walton County Board chairman.


Walton County has 26 miles of beachfront property and only 8 miles of that is owned by the county or the state for the general public. Now in the settlement posted below, a transitory lane the public can use on private property.


The transitory zone is 20 feet from the wet sand towards the homes. The zone can be used for walking, jogging or running, swimming and surfing, or sunbathing, as long as you don’t use umbrellas or tents.


Private property owners have permission to kick people out of the transitory zone if there is more than one person every 5 feet of beach, as well as if they are disturbing any beachgoers at their discretion.

Many residents at the July 27 meeting spoke out on the county reaching a settlement.

“It’s sad, it’s just sad to see what you have allowed to happen to our county,” said Shari Clark, Seagrove resident.

“Did we give up too soon? Have we arrived at this settlement without doing everything we possibly can?” asked Jenny Dargavell, Walton County resident.

Chairman Glidewell said the public will see updates regarding the new customary use rules from the tourism development council.

“The TDC is going to be putting out a public information packet soon and they’re the ones who will be coordinating the response,” said Glidewell.

 

[Dawn]

Discussion and request by Adkinson for authority for the Office of the County Attorney to pursue any and all legal remedies needed to attempt to protect public beach accesses and public use of the beach in and around Blue Mountain Beach and on similar parcels against parties seeking to establish private beach over areas not already so designated.


A motion for approval by Anderson carried unanimously after BCC discussion and public comment.

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