Smiling JOe
SoWal Expert
Maybe they should consider changing the name of the Emerald Coast to "Wiregrass Beach."
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Public vs Private Beach
- Thread starter BlueMtnBeachVagrant
- Start date
BlueMtnBeachVagrant
Beach Fanatic
Yep, a north Mississippi law firm!!!!
Andy A
Beach Fanatic
Re: Public Beach & Bay Accesses - list and map
Are you going to be there when the next tourist gets arrested for not understanding this situation [edit: and becoming beligerent as a reult of] and then tell the sheriff to their face that the "law is not clear" so they must set the tourist (trespasser) free?
BMBV, you can bet if I know of an arrest situation on Blue Mt. Beach I will be there standing with others to explain the situation the the sheriff deputy. Customary Use of the Beach is a long standing function of law. I didn't put myself in harm's way many times in my lifetime so someone could tell me I couldn't sit or play respectfully on any beach in the USA and especially on one where I live. Tourist season is upon us and we had better decide if we are going to be good neighbors or not, now.You bet. If I am aware that the arrest is taking place, I will gladly explain to the police officer that "we" have been using these beaches for years and that this is all just a giant misunderstanding.
BlueMtnBeachVagrant
Beach Fanatic
Re: Public Beach & Bay Accesses - list and map
I fully understand (and hope) that your comment is more figurative than literal.
Since you feel compelled to share your private beach with the public, I feel compelled to share (again) that your beach lies over 1000 feet from the nearest public access so overcrowding of your beach is not ever likely. Also since you are just one of several owners in your association, so is your voice. It would truly be interesting to see if your association members concur with your beliefs about their property.
Would you open your association's access to the public so they would not have to walk over 1000 feet to get your beach? I know that "nice?" new development next to Sally's would love to cross the street and use your property to get to the beach.
Andy, I truly believe you mean good, but I'm just a bit confused how you can "give away" a private beach that doesn't belong entirely to you in the first place.
A side note...do you believe your association had the "right" to construct a seawall on the beach?
Andy, I appreciate your serving your country and all if that's what you meant by "I didn't put myself in harm's way many times in my lifetime...". However, neither you or I could stop an arrest at the Retreat. We are only two individuals. And the quickest way to get thrown in jail is to argue with the sheriff about "Customary Use" when one is asked to leave private property. And what makes you think that you and a sheriff are going to settle a long and complicated issue such as this at the height of emotional duress while standing on the beach?
I fully understand (and hope) that your comment is more figurative than literal.
Since you feel compelled to share your private beach with the public, I feel compelled to share (again) that your beach lies over 1000 feet from the nearest public access so overcrowding of your beach is not ever likely. Also since you are just one of several owners in your association, so is your voice. It would truly be interesting to see if your association members concur with your beliefs about their property.
Would you open your association's access to the public so they would not have to walk over 1000 feet to get your beach? I know that "nice?" new development next to Sally's would love to cross the street and use your property to get to the beach.
Andy, I truly believe you mean good, but I'm just a bit confused how you can "give away" a private beach that doesn't belong entirely to you in the first place.
A side note...do you believe your association had the "right" to construct a seawall on the beach?
Andy A
Beach Fanatic
First of all, BMBV, our board has stated many times in the past that our beach is useable by all. I have served on the board, my wife is now vice president and we believe the beach is for everyon's use as long as it is respectful usage. I am also sure that out of' nineteen owners you can find one or two who are as narrow minded on the use of the beach as you are. They don't live here, though, and I do. You are right about using our private access to the beach. We don't allow it. If the people across the street wish to use our aqcess, I'm sure we would consider a proposal. But then, I don't expect tourists to be trapsing through your living room to get to the beach, either. Once there, you know my feelings on beach usage. If it makes you happier, I'll just give away my 1/19th of our beach for usage. Am I allowed to do that as a U.S. citizen and "small" property owner? And yes, I was being literal in my post. I think this situation has to be ajudicated to a final conclusion and it seems the only way to do that is make waves. I'm hardheaded and have made them before and am sure not against making them again. I was going to also comment on the sea wall but I've decided it is to ludicrous to do so. Suffice it to say everything was done as we were instructed and allowed to do in order to save our building. It almost appears the next thing "private beach owners" will demand is that the public not be allowed to walk on the beach. What a travesty this situation is, where the American public cannot have free access to their own shores!
GoodWitch58
Beach Fanatic
Well said, Andy.
Andy A
Beach Fanatic
8Thank you, Goodwitch58. As you will note, I have very strong feelings on this subject.Well said, Andy.
Andy A
Beach Fanatic
Damn you, SJ, I tried for 20 minutes to kill that bug on my computer screen.
BlueMtnBeachVagrant
Beach Fanatic
Andy, I thought we were not going to get personal here but believe me, you're not the first. I won't return the favor.
I don't believe that a majority of the owners where you live want to give away their beach (assume via easement).
I can't imagine that your board can make such a decision on its own (creating an easement) without the official approval of the members of the association during an official association meeting. That's a pretty serious change. And if the board did, shouldn't that be recorded in the by-laws as well as recorded easement? Or is it?
If your board did make such a decision without approval, your board would be wide open to a lawsuit by any association member.
You state that your access is private. Lack of public access is as much of a problem as the beach itself being private (per Surfrider). There's over 1/2 mile beach without public access between 83 and the Inn at BMB and your association's property lies right in the middle. So let's assume the public can use your part of the beach. What good does it do when it's practically impossible for an average family to realistically access it?
Feeling REALLY generous?...Open up your access so the public can realistically access your part of the beach.
I don't believe that a majority of the owners where you live want to give away their beach (assume via easement).
I can't imagine that your board can make such a decision on its own (creating an easement) without the official approval of the members of the association during an official association meeting. That's a pretty serious change. And if the board did, shouldn't that be recorded in the by-laws as well as recorded easement? Or is it?
If your board did make such a decision without approval, your board would be wide open to a lawsuit by any association member.
You state that your access is private. Lack of public access is as much of a problem as the beach itself being private (per Surfrider). There's over 1/2 mile beach without public access between 83 and the Inn at BMB and your association's property lies right in the middle. So let's assume the public can use your part of the beach. What good does it do when it's practically impossible for an average family to realistically access it?
Feeling REALLY generous?...Open up your access so the public can realistically access your part of the beach.
scooterbug44
SoWal Expert
I don't have a problem w/ private accesses, especially when the people who own and maintain the accesses are good neighbors and happy to share the sand with others. Making them all public just opens a can of liability and parking worms.
IMO people having to walk a little further to get to the beach just means they'll look better in their swimsuits when they get there :rofl:.
IMO people having to walk a little further to get to the beach just means they'll look better in their swimsuits when they get there :rofl:.