On February 4, 2019 FlaCPR mailed large postcards to over 1,000 Walton beachfront property owners informing them the lawsuit filed against them by Walton County attacks their property rights. See why This is a Big Deal!
FlaCPR provides instructions to access the court docket for Walton County’s case against private property owners. The docket contains all documents filed with the court, which includes documents filed by Walton County, by attorneys representing various clients, and by owners who have filed to defend themselves. Click to view.
Numerous attorneys representing condominiums, associations and individual clients, along with numerous individuals, are filing to intervene to oppose Walton County’s request for affirmation of recreational customary use. Owners must intervene within 45 days of the receipt of Walton County’s notice, which for most owners will be before the end of February 2019. Any owner who wishes to intervene to protect their property rights must do so soon. Click to review press release.
Walton County has mailed over 4,600 notices to owners of 1,194 parcels in Walton County indicating the county is requesting summary judgment to affirm the existence of recreational customary use on all private beachfront property in Walton County. If Walton County is successful, this action will remove your legal right to decide who can use your property and provides Walton County the right to decide who can use the dry sandy portion of your beachfront property.
You should receive your notice sometime the week of January 14, 2019. If you do not intervene against this action, you may lose your property rights forever! Contact an attorney to protect your rights. Act now before it is too late!!!
On December 11, 2018, Walton County filed its long awaited, misguided attempt to erode private property rights in Walton County to the benefit of public use. In the 144 page complaint, Walton County seeks declaratory judgment affirming the existence of recreational customary use on 1,194 privately owned beachfront parcels in Walton County.
On November 3, Walton County Commissioners held another public meeting on the customary use issue. This meeting was necessary because county officials failed to properly notice every property owner prior to the previous public hearing.
Beachfront property owners in Walton County should be on notice: There is a new public hearing on the customary use issue on November 3. Due to an issue with the some property owners not receiving the notice last time, the county was forced to postpone any final decisions or actions and instead simply hear public comments.
In Florida’s U.S. Senate race, it’s open season on almost any topic. The latest political football: beach access.
Democrat Bill Nelson touches upon the issue in “Salty,” a new animated digital ad criticizing Republican opponent Rick Scott for signing a controversial beach access bill.
On September 8, 2018, Walton County officials held an important public meeting about the issue of customary use and how a new state law – and the county’s subsequent action – could affect the due process and private property rights of hundreds of beachfront property owners. However, the county failed to properly notify all affected property owners. Therefore, the attorney hired by the county to handle customary use actions advised commissioners the action planned for the meeting would have to be delayed.
The legal doctrine surrounding customary use in Florida can, at times, be complex. That’s why clarity was needed under Florida law to protect the rights of all Floridians. When a bipartisan majority in the Florida Legislature voted to pass HB 631 earlier this year, they were voting to protect the private property rights and the right to due process for Floridians.