Lucas Reynolds, I do not get [1] daily trash pickup at my property, county employees cleaning my property, volunteers protecting wildlife on my property, [2] intensive law enforcement on my property, [3] government employees stationed on or near my property to save visitors from endangering themselves or [4] government cleanup and restoration in the event of a natural disaster. I also do not get [5] millions of government funds spent on advertising to help me make money on my property. You are getting all of these benefits, so how is it that the taxpayers provide all these trappings and then cannot even throw a towel down and sit for a few minutes?
Sorry I wish I could make simple short answers to your points but this is not a simple topic as you try to make it.
Danny, again you did not answer the previous questions about customary-use but pivot to an unrelated questions. First how are any of your points criteria to claim customary-use on private property? There is no customary-use "benefits" criteria as you describe or please provide the basis and facts how they apply for a customary use claim on private property. Second point. (1) most property owners have NOT asked the TDC to pick up trash on their property, the TDC took that upon themselves, and in FACT many owners have told the TDC to not place trash receptacles on their property and not to drive on their property, spoiling their pristine beach property they maintain. Same with (2) law enforcement, owners have not asked for law enforcement to drive up and down their private property multiple times a day, Sheriff Adkinson made that decision, some owners do not want the Sheriff driving day and night over their private property and have asked him to stop doing it. The Deputies are great at doing their jobs; but their time would be better spent enforcing laws on 30A and Scenic Hwy 98, and could respond faster to calls on the beach if they were on 30A and Scenic 98. (3) Fire department life guards are on public property, not private property, and they respond to emergencies wherever they occur just like they would at your house.
(4) Tax payer beach fortification; that most owners never asked for and recently rejected (even Dave Rauschkolb was against beach fortification). Walton county could not just dump 3.8M cubic yards of substandard (color and content) sand from off-shore on private property because it would be in economic interest of non-property owners - because the US Corps of Engineers recognized ALL littoral private property rights and needed property easements to accomplish and failed. Because owners have that right to exclude others from their private property without their permission. The beaches have been here for thousands(?) of years and will likely be here long after for many generations more; unless you have some facts otherwise.
(5) Millions of government (TDC) funds spent on advertising!? Property owners did not ask the TDC to tax tourist 5% bed tax to spend millions on unneeded advertising. Business owners like Dave Rauschkolb’s restaurants benefit more from the bed tax on owner’s properties to advertise to bring more tourist. Tourist demand is there and tourist will come regardless if the TDC advertises or not. I hear all the time we do not want to be like Destin. Has tourism declined in Okaloosa/Destin and Panama City over the years? Seems like demand is increasing without the TDC's "help". If the TDC is such a good deal let the businesses that benefit, like Dave R’s, who feel that the TDC and advertising is a good return on investment pay for it, not tourist. I say save the tourist $20M every year and stop the TDC from taxing them. Let the tourist spend their additional $20M on the local economy and create more jobs than the TDC ever could.
Read this question carefully; how many MORE tourist have come to Walton because of TDC advertising than would have come without advertising? Not how many total tourist come to Walton; because most are going to come anyway. I’d guess not many to warrant a tax of $20M a year. Poor RoI.
You forgot about (6) code enforcement driving daily over private property declaring personal-property on private-property “abandoned” (legal abandonment is not overnight), entering private property and taking other people’s personal property without an owner’s permission. Do that in your front yard and where I come from and that’s theft. Ticket them if they are in violation of the code. Many tourist leave stuff on the beach BECAUSE Walton will pick it up a dispose of it for them instead of disposing of it themselves.
I bet private property owners police their own private property better than Walton ever could or will.
(7) You also forgot about flood insurance. Do you think you should have rights to private property because owners have flood insurance, would that mean you should have an interest in private property of the flood victims in Houston, TX, Baton Rouge, LA, St Louis, MO, and Columbia, SC inland too? Because there is only one government flood insurance carrier that I know of. And would you be OK with property owners maintaining their ALL their property rights if they are self-insured?
Enough of that; the discussion is what are the historical limits and criteria of custom and how would it apply to Walton private property? Can you explain historical limits of customary use? Without these high limits on common-law custom claims anyone could claim customary use for anything; like being able to deer hunt with dogs on private property because hunters have a tradition and custom of decades of doing it on private property.