Customary Use Ordinance Public Hearing 10/25/16 - 9AM

[SoWal Staff]

Walton County

NOTICE OF PUBLIC HEARING ONE

The Walton County Board of County Commissioners proposes to adopt the following by ordinance:

AN ORDINANCE AMENDING WALTON CODE OF ORDINANCES CHAPTER 22, THE “WALTON COUNTY WATERWAYS AND BEACH ACTIVITIES ORDINANCE”; DELETING SECTION 22-52, WHICH MAKES NO FINDING OF FACT THAT THE PUBLIC EITHER HAS OR HAS NOT CUSTOMARILY USED THE BEACH; PROVIDING FOR PURPOSE, LEGISLATIVE FINDINGS, SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

You are hereby notified that a Public Hearing on the ordinance will be held on October 25, 2016, beginning at 9:00 a.m., or as soon as possible to that time, at the Walton County Courthouse located at 571 U.S. Highway 90 East, DeFuniak Springs, Florida.

 

[BlueMtnBeachVagrant]

Dear Fellow Walton County Citizens,

Today could determine whether or not the upcoming commissioner election cycle will be the "most expensive" in the history of the state of Florida.

A BCC vote for the Customary Use Ordinance will result in hundreds of lawsuits. And the sad thing (from an ordinary citizen viewpoint) will be that there is a high likelyhood that the county would lose every one of those of lawsuits.

From firsthand experience, a lawsuit to defend a simple private easement to the beach (a case that went all the way the supreme court) cost us $50,000. I'm certain the county spent the same amount if not more prosecuting the case. The county commissioners caved in to the pressure from their constituents to pursue this, not any different than what's about to happen today.

Today, the commissioners can claim they support customary use so that they don't commit political suicide.

All the people who feel entitled to legally deeded private property because of Indians in canoes on the beach have potentially made attorney David Theriaque a much richer man, whether he prevails or not, at the expense of all taxpayers. And my bet is against him and the BCC.

 

[Truman]

I have used canoes on the beach. Hang on while i find a photo.

 

[justhavinfun]

I have used canoes on the beach. Hang on while i find a photo.

Truman, Is this close enough?

 

[FactorFiction]

Dear Fellow Walton County Citizens,

Today could determine whether or not the upcoming commissioner election cycle will be the "most expensive" in the history of the state of Florida.

A BCC vote for the Customary Use Ordinance will result in hundreds of lawsuits. And the sad thing (from an ordinary citizen viewpoint) will be that there is a high likelyhood that the county would lose every one of those of lawsuits.

From firsthand experience, a lawsuit to defend a simple private easement to the beach (a case that went all the way the supreme court) cost us $50,000. I'm certain the county spent the same amount if not more prosecuting the case. The county commissioners caved in to the pressure from their constituents to pursue this, not any different than what's about to happen today.

Today, the commissioners can claim they support customary use so that they don't commit political suicide.

All the people who feel entitled to legally deeded private property because of Indians in canoes on the beach have potentially made attorney David Theriaque a much richer man, whether he prevails or not, at the expense of all taxpayers. And my bet is against him and the BCC.

I suspect you are right. If customary use were so easy to prove, counties all over Florida would have done it already. I am surprised, although perhaps I shouldn't be, that Mr. Theriaque is NOT giving a more balanced perspective to the Commissioners. Mr. Miller's presentation certainly provided some support for TRAVERSING the beach, but only in a very few locations did his presentation support anything beyond traversing IMO. Furthermore, he showed the same customary use all over South Walton! Such a shame that no attempt was made to resolve issues that created this mess before passing an ordinance that will most likely end up in years of litigation at a cost of hundreds of thousands, if not millions of dollars. Poor use of good money that could go to better things for Walton County.

 

[BlueMtnBeachVagrant]

Hmmmm....maybe you guys need to abandon the canoe imagery for establishing customary use:

"Forget Halloween costumes and yoga, there’s a new symbol of cultural appropriation—the canoe.

According to Misao Dean, Professor of English at the University of Victoria, the canoe can be a symbol of colonialism, imperialism and genocide due to history. She also accused the canoers of cultural appropriation because they are primarily white men and have a privileged place in society...."

Link

 

[jkmason]

 

[Lucas Reynolds]

I have used canoes on the beach. Hang on while i find a photo.

Use of canoes and boats are about as valid as customary use of private property. Not very.