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It's a statewide problem, here, and afflicts other coastal states, as well. Not just local.
Public use of beaches is highly variable by state/ county/ municipality. No shortage of municiipalities permit public use but deny access through private property and ban roadside parking. Only those private properties in close proximity of a public beach/ parking tend to be impacted.
As I understand it, 60% of Florida coastline property is private property.
Florida recently enacted a law that stops counties/ municipalities from allowing public use of private beach front property without a court order. Reportedly, many counties/ municipalities intend to take it to court based on historic and continuous use. Then there’s the challenge of enforcement.
This does not present a challenge to Miami because all beach is public land.
One would think public use of your property was apparent before you bought your property. One would think this would have been disclosed before you closed, although I appreciate disclosure requirements vary state to state.
Imagine the public access/ use thing was baked into the price you paid for the property.
Given lot size is a common factor in determining assessed valuation for tax purposes, seems reasonable that the portion of a lot open to public use would be exempted from the assessment.
If I felt as strongly about this as you do, my time would be better spent lobbying the state/ county/ municipality with like- minded property owners instead of posting to an anonymous online forum.
Last edited by middle-aged mom; 10-17-2018 at 06:36 AM..
Its already been explained to you, many times. You didn't do your due research on beach property before you bought it and now you are upset.
Context matters, so do not think that just because nearly everyone who voted says that private property shouldn't be open to the public means that you won anything. Context always matters in everything.
Yes, context matters. But what remains unclear and unexplained to my satisfaction, anyway, is what makes beach property any different than any other property.
Yes, context matters. But what remains unclear and unexplained to my satisfaction, anyway, is what makes beach property any different than any other property.
I think one big part of it is tourism. Beaches bring tourist. Tourist bring money.
As I understand it, 60% of Florida coastline property is private property.
Florida recently enacted a law that stops counties/ municipalities from allowing public use of private beach front property without a court order. Reportedly, many counties/ municipalities intend to take it to court.
One would think public use of your property was apparent before you bought your property. One would think this would have been disclosed before you closed, although I appreciate disclosure requirements vary state to state.
Imagine the public access/ use thing was baked into the price you paid for the property.
Given lot size is a common factor in determining assessed valuation for tax purposes, seems reasonable that that portion of a lot open to public use would be exempted from the assessment.
If I felt as strongly about this as you do, my time would be better spent lobbying the state/ county/ municipality with like- minded property owners instead of posting to an anonymous online forum.
Posting to this forum to air the issue and collect a number of viewpoints is most definitely time better spent than posting to an anonymous online forum to tell others they shouldn't have.
You don't believe in personal responsibility, which is the essence of the nanny stater.
Deadbeats aren't my responsibility ether, but the difference between us, is that I don't wish to punish the responsible, and brand/treat them as criminals.
Using any kind of intoxicant is not being responsible. Want to fry your brain using intoxicants, feel free but I will step over the residual mess lying in the gutter without a second thought and laugh at the "responsible" person.
Public use of beaches is highly variable by state/ county/ municipality. No shortage of municiipalities permit public use but deny access through private property and ban roadside parking. Only those private properties in close proximity of a public beach/ parking tend to be impacted.
As I understand it, 60% of Florida coastline property is private property.
Florida recently enacted a law that stops counties/ municipalities from allowing public use of private beach front property without a court order. Reportedly, many counties/ municipalities intend to take it to court based on historic and continuous use. Then there’s the challenge of enforcement.
This does not present a challenge to Miami because all beach is public land.
One would think public use of your property was apparent before you bought your property. One would think this would have been disclosed before you closed, although I appreciate disclosure requirements vary state to state.
Imagine the public access/ use thing was baked into the price you paid for the property.
Given lot size is a common factor in determining assessed valuation for tax purposes, seems reasonable that the portion of a lot open to public use would be exempted from the assessment.
If I felt as strongly about this as you do, my time would be better spent lobbying the state/ county/ municipality with like- minded property owners instead of posting to an anonymous online forum.
The problem, as I see it, is a complete lack of recorded public use easements on privately owned property. Without that, private property is exactly that... private, not available for public use. It isn't the owners who screwed up on this, it's the government agencies that allowed carveouts of privately owned property with no preservation of anyone's "presumed" but legally non-existent right to use someone else's private property.
Watch Knick v. Township of Scott (SCOTUS, 2018). Same assertion by a government agency that the public has a right to infiltrate private property, without the government having to pay the private property owner just compensation as required by the 5th Amendment.
It doesn't need to. By statute and because of long-standing practice (which is cited in the statute), the public gets to use that sand. You can be stomp your foot & hold your breath all you want, but the statute exists.
Florida recently enacted legislation to prevent counties/ municipalities from overriding private property right unless there is a court order to do so. In otherwordd, the county/ municipality must sue private property owners and prevail.
We went all over England this year. In the northern farm country there was mile upon mile of open fields divided by hedgerows. There, anyone is allowed to cross anyone else’s land. The only rule is you must close the gate behind you.
I think that’s nice. I am not in favor of invading the privacy of property owners, but If I owned forested land, for example, I wouldn’t mind if someone wanted to walk through it.
Yeah but you don't want the government mandating that it's okay either...
I don't like the idea of having no control over the land I own. Yes, 99.9% of the time, I would allow people to cross it if they needed to, but that decision should be left to me, not the government. What's the point of owning land if you can't control it?
Huh? There have been lots of references to this kind of thing with no legal connection made whatsoever.
Why would anyone in their right mind think they can access someone else's private property as they please? Be it beach, pasture, or frozen tundra?
Absent any recorded public use easement, that's the question, exactly.
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