Article Courtesy of Florida
Poitics
By Jim Rosica
Published February 3, 2019
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More than 100 individual landowners and nearly two dozen condominium and
homeowners’ associations are seeking to intervene in a lawsuit by Walton County
seeking a ruling that “recreational customary use” exists “on all private
beachfront property in the county.”
The move was announced Thursday by
Florida Coastal Property Rights (FlaCPR), “a coalition
created by and consisting of Walton County beachfront
property owners,” a press release explained.
Beachfront property owners fear that if Walton County
succeeds in getting a judicial determination that people can
use beaches on what’s legally private property, owners will
have no say over “who can use their property,” putting that
decision in the hands of county officials instead.
“It is no surprise that so many private beachfront property
owners have chosen to intervene in the county’s suit
requesting a declaration to affirm customary use,” said
Tammy Alford, president of FlaCPR, in a statement.
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“On behalf of landowners, FlaCPR is dedicated to
preserving private property rights and ensuring due process is maintained
throughout any legal proceeding. As a coalition, we’ll continually update
landowners on actions taken by the county that could impact property rights
and offer educational resources so that landowners understand how they can
defend their property.”
Lawmakers passed and Gov. Rick Scott approved a bill last year (HB 631, bill
analysis here) that created a beach access controversy dealing with the
legal doctrine of customary use, “referring to public access of the sandy
beach in front of privately-owned beachfront property.”
Attorney Kent Safriet, who interventions on behalf of 58 clients, said it’s
“vital that each landowner understand and defend their private property
rights, as the county is seeking to establish customary use on individual
parcels that could result in a ruling that the public has the right to use
one property, but not the one next to it.”
Alford added: “We fully expect the number of interventions currently filed
to increase substantially … We encourage every beachfront property owner to
actively decide whether they wish to intervene.”
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