Led away in Handcuffs

[BeachSiO2]

Maybe the better choice of words to describe the current situation is privately-owned beaches and publically-owned beaches.

This seems more accurate to me since it directly addresses ownership, but leaves the accessibility question to the courts (or whomever).

 

[GRAHAM GINSBERG]

Someone stated that the Retreat and the Inn at BMB has reported trespassing so many times, that I'm sure it's been studied and analyzed beforehand by the Sheriff's department. So I'm sure the deputies are in no mood to "revisit" the legalities over and over again each time they are called out there and challenged by the "trespasser". They are doing the right thing with the laws as they are now.

FROM AGO 2002 - SEE ON WWW.PUBLICSHORE.COM

"This office rejected the proposal to authorize local law enforcement officers to be designated as the agents of private persons."

"...the Florida Constitution prohibits the use of public funds for a private purpose.[21] The pre-authorization of on-duty law enforcement officers to act as agents of private landowners in warning individuals to leave private property appeared to this office to serve primarily a private, not public, purpose."

 

[GRAHAM GINSBERG]

Oh, that last post was for the blogger that thinks everything is just peachy and we should continue to arrest people on the beach.

Let me know your thoughts on the AGO. Most would think the opinion of this office has some minor merit. I am no expert, but your'e welcome to hire your handy dandy land attorney, at a small fee

Local police aren't likely to start fighting with the land owners along the coast. Who elects the sheriff?

Keep arresting and we'll keep tellin
Keep harassing and we'll keep yellin

 

[yippie]

I am a potential tourist in your area, an American, never been to your area, but love Florida and America's beaches.

People go to a beach to relax, not to fight.

Upland property owners are numerous, but represent a very small percentage of the population of Florida, let alone the country.

I care primarily about the public, creating dialog and showing news releases about the issues relating to beach access.

Your area is no different than the issues here in Naples Florida, Hawaii, or in NJ. You're still America and we're still Americans debating issues regarding quality of life and rights. How great is that!

So you are a potential tourist. You have never been here. Hummm.

Upland property owners are numerous, but represent a very small percentage of the population of Florida, let alone the country.

I'm not sure what you mean by this, but what we refer to as upland property owners is all property that isn't Gulf Front and I assure you, it is a MUCH greater percentage than Gulf Front owners.

 

[GRAHAM GINSBERG]

So you are a potential tourist. You have never been here. Hummm.

You're right, it YOUR problem, not mine - Right, I've got better things to do, who gives a damn what happens in the pan handle

I'm not sure what you mean by this, but what we refer to as upland property owners is all property that isn't Gulf Front and I assure you, it is a MUCH greater percentage than Gulf Front owners.

I meant as the upland owner, refering to the owners along the coastline, not beyond the coastline

 

[Bobby J]

Bobby, PLEASE... after reading the last two posts from your "buddy", you REALLY need to find another spokesman. I really AM thinking about you.

I know you are and that is very thougthtful of you. I am sure of one thing BMBV. Graham is more versed in this then you and I. Your counter part pointed fingers at agents. How original is that. Graham has at least studied the issue in depth. His approach is from concern of public rights and yours is from concern of personal gain. I have allot to lose here as far as ever getting a gulf front listing ever goes but do not really care. What is right is right and you have a personal agenda as you have stated.

 

[BlueMtnBeachVagrant]

Duchess,

Yippie is right, your post got somewhat lost, in all of the "chatter" including mine. It was well written and factual, it appears. Your opinion is also respected by me.

Your situation is exactly what I've been more concerned here, more than just the obvious issue / idea of public vs. private beaches.

Your situation is also EXACTLY the reason why the county should not have approved Redfish Village's easement in a private residential neighborhood. This is what I professed could and would happen since last year.

That is, you bought in thinking that you had full rights to the beach via the access along side the Retreat. Now you are being removed from the beach because you are finding out that you don't.

You and I and the others on this board won't directly effect a change anytime soon. Who's responsible here? Opinions have been suggested.

Your input carries more credibility since you have invested in a home at the beach where you paid a "premium" to be near what you thought was a public beach as evidenced by the walkover in your area where the county just buries their head in the sand and hope this firestorm would never take place OR that beach renourishment will come to THEIR rescue, not the gulf front owners (as one would naturally assume).

It's obvious that you think the beaches should be public. I fully understand.

What will you do if nothing changes, ie the beach remains private?

 

[Bobby J]

Duchess,

Yippie is right, your post got somewhat lost, in all of the "chatter" including mine. It was well written and factual, it appears. Your opinion is also respected by me.

Your situation is exactly what I've been more concerned here, more than just the obvious issue / idea of public vs. private beaches.

Your situation is also EXACTLY the reason why the county should not have approved Redfish Village's easement in a private residential neighborhood. This is what I professed could and would happen since last year.

That is, you bought in thinking that you had full rights to the beach via the access along side the Retreat. Now you are being removed from the beach because you are finding out that you don't.

You and I and the others on this board won't directly effect a change anytime soon. Who's responsible here? Opinions have been suggested.

Your input carries more credibility since you have invested in a home at the beach where you paid a "premium" to be near what you thought was a public beach as evidenced by the walkover in your area where the county just buries their head in the sand and hope this firestorm would never take place OR that beach renourishment will come to THEIR rescue, not the gulf front owners (as one would naturally assume).

It's obvious that you that you think the beaches should be public. I fully understand.

What will you do if nothing changes, ie the beach remains private?

These are good questions and ones I would be asking myself if I were you. What will you do once it is proven their is no such thing as a private beach?

 

[BlueMtnBeachVagrant]

....
Keep arresting and we'll keep tellin
Keep harassing and we'll keep yellin

Bobby, he's KILLING me!!!!

 

[GRAHAM GINSBERG]

Thanks Bobby.

Like I've said, I'm no expert and if 10 lawyers get hold of this, you will have 10 opinions

If you're a concerned owner needing advice, contact your lawyer

My opinion doesn't matter

If someone takes the issue to a higher court, they will make a ruling on Prescriptive Easements. Not you or I

Until then, its a gray area where everyone should tread carefully, but even better we should all respect each other and keep beaches an enjoyable place. That is the responsibility of local government.