Some property owners may not have intervened in the lawsuit because they are fine with the public using the beach recreationally as has happened for many years.
Since you posted the news article titled "
Court finds that Walton County has proved customary use on 95 beach parcels", I'll respond to your comment above as I assume you believe the county proved customary use on 95 properties even though those 95 parcels did not intervene. My contention is that the county DID NOT PROVE ANYTHING regarding customary use and the county prevailed only by default. That is my point.
So if one does not intervene, then it's ok for the government to confiscate your private property rights? You're making a BIG ASSUMPTION why some owners (max of 95 out of 1194 parcels) did not intervene... that they are ok with the public using their property.
Here are a few explanations of those who elected not to intervene:
1. Their parcel is located far enough away from a public access that the public cannot conveniently access it anyway. Why spend legal fees on something that in the end won't really change beach usage density on their property?
2. Some people have been owners of beach front property for many, many years. They got in "on the cheap" and don't necessarily have the funds to hire an attorney. On the other hand, you may have a relatively new beach front owner who is financially stretched with increasing insurance rates, taxes, etc. Or you may have an owner who knew they were going to sell and decided not to intervene since the results would not benefit them.
3. With all the somewhat effective hype that customary use has existed since "time immemorial", there were probably some who felt that they would lose the case and decided not to spend the money to fight what they perceived was a losing battle.
4. I'm confident that were some who were misguided as to if the county was to lose the customary use case, that they would somehow benefit without having to hire an attorney.
Fighting the county cost a lot of people a lot of money just to defend their private property rights.
It cost us over $50,000 to defend our parcel.
So when you said, "Some property owners may not have intervened in the lawsuit because they are fine with the public using the beach recreationally as has happened for many years", you might be right for a very small few. But the other explanations are more likely.