Customary use wins in Federal Court!

[UpNorth]

Nice funny joke. Some real substance.

Just saying, the argument of “they can’t take something that’s not theirs” being made by people who want to take something that’s not theirs….little hollow, if not ironic. At least one side has the evidence of a deed. But joke and snide away.

 

[Lake View Too]

Nice funny joke. Some real substance.

Just saying, the argument of “they can’t take something that’s not theirs” being made by people who want to take something that’s not theirs….little hollow, if not ironic. At least one side has the evidence of a deed. But joke and snide away.

Are you saying that the concept of customary use is not recognized by law anywhere in the United States, anywhere in Florida, or anywhere in Walton County? I just need some clarification. Since it was upheld by the Florida Supreme Court for Florida in 1975, and is upheld in various states, it seems like it has never been upheld in Walton County because it was never allowed to be adjudicated in a court of law. It was apparently prevented from being a judicated by an "acting county attorney" in a settlement deal that was surrounded in secrecy. It seems like it has never been proven or disproven in a court of law.

 

[UpNorth]

Are you saying that the concept of customary use is not recognized by law anywhere in the United States, anywhere in Florida, or anywhere in Walton County? I just need some clarification. Since it was upheld by the Florida Supreme Court for Florida in 1975, and is upheld in various states, it seems like it has never been upheld in Walton County because it was never allowed to be adjudicated in a court of law. It was apparently prevented from being a judicated by an "acting county attorney" in a settlement deal that was surrounded in secrecy. It seems like it has never been proven or disproven in a court of law.

I would think it depends on a lot of the details. What was sold and when is a big one, and one that can vary tremendously even in the same areas.

There’s tons of private beaches. Go south of Miami and see how much beach access you have. What I’ve seen is in less developed places, it’s murkier than in Clearwater.

Think the easiest solution is for the county to use its tourist tax funds to keep buying parcels for public access. At least if it’s settled that the parcel owner gets the beach too, this approach doesn’t leave anything to interpretation.

 

[Matt J]

I find it very interesting the people who come on and champion private property rights, real estate law and the US constitution; all while forgetting about the decades of access people enjoyed without challenge creating what would normally be viewed as a prescriptive easement.

 

[UpNorth]

The other thing is that there also isn’t some shortage of beach for people to use. I mean PCB has tons of public beach access. Same if you go west. But instead everyone wants to fight over some of the most expensive sand in the country, cuz that’s the “it” place to be. It’s an easily solvable problem if your problem is simply being able to go to the beach.

 

[miznotebook]

An interesting fact is that Redington Beach only had to spend about $200,000 on their CU case, and part of that was paid by insurance.

 

[Teresa]

Not here, but another Florida county:

Judge rules against Pinellas County waterfront homeowners in public beach access fight

Judge says property owners must share ‘dry sand areas’

www.cltampa.com

A very small beach town with its own government. While a growing south walton remains with no government or leadership beyond general county oversight. And it shows.

"The Town of Redington Beach, Florida, is located on a barrier island in the Gulf of Mexico. We are bordered by North Redington Beach to the north, Madeira Beach to the south, the Intracoastal Waterway on the east, and the Gulf of Mexico on the west. Redington Beach is primarily a waterfront residential community. Redington Beach is a state chartered municipality, located in Pinellas County, west of Tampa, Tampa Bay and St. Petersburg.

Our town is approximately 1 square mile in size. We boast 4 town parks, 5 public beach accesses, a causeway with benches for relaxing and fishing, and a community recreation area with basketball courts and a large children’s playground."

 

[Matt J]

A very small beach town with its own government. While a growing south walton remains with no government or leadership beyond general county oversight. And it shows.

"The Town of Redington Beach, Florida, is located on a barrier island in the Gulf of Mexico. We are bordered by North Redington Beach to the north, Madeira Beach to the south, the Intracoastal Waterway on the east, and the Gulf of Mexico on the west. Redington Beach is primarily a waterfront residential community. Redington Beach is a state chartered municipality, located in Pinellas County, west of Tampa, Tampa Bay and St. Petersburg.

Our town is approximately 1 square mile in size. We boast 4 town parks, 5 public beach accesses, a causeway with benches for relaxing and fishing, and a community recreation area with basketball courts and a large children’s playground."

I understand your point, but they are also 1 square mile. South Walton is approximately 200 times their size. This might explain their lower legal costs as well.

 

[Jenksy]

Walton County voted for Huckabee.

 

[UpNorth]

Walton County voted for Huckabee.

Gaetz being the political face of the Panhandle on a national basis is frightening. This area has all the hallmarks of a moderate/libertarian utopia and yet I can’t stop running into extremists.