Led Away In Handcuffs Update

[Andy A]

Hello All

Thanks for the update Andy A. I'm eager to hear the outcome of this.

Wow... talk about attention. the next time I'm in SoWal I'l be at Bud & Ally's or the Red Bar wearing the T-Shirt that says "I started the handcufffs thread"

God willin' and the creek don't rise, I plan to attend the pretrial conference on the 12th of Sept.. Let me know, when you're comingl, rocket, and I'll come look for your tee shirt and buy you an "adult beverage".

 

[rocket136]

Thanks I will do!

 

[30ABandMan]

I was looking at some beachfront plats, and in one neighborhood they have the property lines for all but two of the beachfront lots going all the way to the water. The plats for the other two stop at the dunes, and the land in front of it is designated as a "community access" for the beach. This implies to me that all but two of the beachfront owners "own" their beaches. Is that the conclusion that you'd draw? How can that be? Sorry if this is a repeat. I think I've browsed all of that thread -- don't remember this scenario being mentioned.

As the current law is interpreted, the property line goes to the "mean high water mark". This high water mark is an average based on the past 30 years. With our recent beach errosion, it is true that the actual usable beach has shrunk but that does not change where the mean high water mark is. Of course, it will be adjusted over time but that does not help today. On the plat, a property may actually extend out into the gulf where the beach front used to be. Currently, the S.O. is enforcing a fair compromise by keeping people on the wet part of the beach. I agree that it can be a pain but the landowner's are in the right at this point. I feel that there needs to be change but I'm not sure what the answer would be. This is not a problem faced by Walton alone, neighboring counties deal with this too and the Walton S.O. is in line with Okaloosa based on my experience.

 

[Smiling JOe]

As the current law is interpreted, the property line goes to the "mean high water mark". This high water mark is an average based on the past 30 years. With our recent beach errosion, it is true that the actual usable beach has shrunk but that does not change where the mean high water mark is. Of course, it will be adjusted over time but that does not help today. On the plat, a property may actually extend out into the gulf where the beach front used to be. Currently, the S.O. is enforcing a fair compromise by keeping people on the wet part of the beach. I agree that it can be a pain but the landowner's are in the right at this point. I feel that there needs to be change but I'm not sure what the answer would be. This is not a problem faced by Walton alone, neighboring counties deal with this too and the Walton S.O. is in line with Okaloosa based on my experience.

As I understand it, since the MHWM is a 30 year moving average, the line would change daily. If that is correct, the Sheriff's Office and property owner would not know where the MHWM is on any given day, without a daily survey. Even if the MHWM changed annually, annually updated surveys would be needed in order to determine the Mark, and I have not seen property owners providing surveys of their property to the Sheriff's officers or the public, yet. That being said, there is still the part about prescriptive easements of the beach, for public use. That is an entirely different ballgame and should over-rule any of the MHWM. IMO, the Sheriff's Office cannot be acting fairly, without the property owner providing a current survey of the MHWM, with pins showing the corner boundaries.

 

[30ABandMan]

Like I said, I agree with you. I fielded these calls for the Okaloosa S.O. for nearly 8 years and there is no simple answer. The only reference the landowners have is a plat that shows the original survey and they are the ones screaming about trespassers. I feel the whole thing is so silly, I don't understand why anyone would want to deprive someone else of enjoying the beach as long as they aren't being a pain. The state should step in and give a ruling on how to handle a shifting coast line.

 

[Andy A]

Like I said, I agree with you. I fielded these calls for the Okaloosa S.O. for nearly 8 years and there is no simple answer. The only reference the landowners have is a plat that shows the original survey and they are the ones screaming about trespassers. I feel the whole thing is so silly, I don't understand why anyone would want to deprive someone else of enjoying the beach as long as they aren't being a pain. The state should step in and give a ruling on how to handle a shifting coast line.

A lot of us couldn't agree with you more. The beaches are like the sky. They should belong to everyone. (Unless you are a pilot, of course.)

 

[BlueMtnBeachVagrant]

Like I said, I agree with you. I fielded these calls for the Okaloosa S.O. for nearly 8 years and there is no simple answer. The only reference the landowners have is a plat that shows the original survey and they are the ones screaming about trespassers. I feel the whole thing is so silly, I don't understand why anyone would want to deprive someone else of enjoying the beach as long as they aren't being a pain. The state should step in and give a ruling on how to handle a shifting coast line.

It is because of over (and improper) development and the understandable reactions of just plain old human nature. You can also thank "a few" of your county commissioners for helping polarize the divide. As I recall someone saying...this wasn't a problem a few years ago.

Everybody has an agenda.

Any new news?

 

[swantree]

and they all snuck down to the waters edge?