Public or Private Beach? Homeowners in Florida Draw a Line in the Sand

A recent story in the Wall Street Journal (reposted on Realtor.com) discusses the thorny issues of beach access along the Florida panhandle.  According to the WSJ, Walton County has 26 miles of coastline and looks like something from a postcard with soft, sugar-white sand and emerald green water.  However, those without private beaches can only get access to public stretches of sand at three state parks or through public access points, which are scattered throughout neighborhoods and between private properties.  In addition, they point out that beach rights didn’t used to be such a controversial issue in Walton County, where miles of sand have long been privately owned.  However, as you might imagine, with more growth and popularity, the issue has gotten more attention, become contentious and is complicated;

By 2016, the beach-usage debate was heating up. Lawsuits were filed by both sides, public-beach activists were organizing walks on the beach, private-property signs were appearing more frequently and a lawyer in Florida argued beachfront owners have the right to exercise the state’s “stand your ground” law on their property

In October 2016, Walton County made a bold move: It adopted a customary-use ordinance that granted the public use of the dry sand on all of its beaches, with some rules and regulations. The legal doctrine of customary use, as recognized by the Florida Supreme Court in the 1974 Tona-Roma case, permits public recreation on private property if such use is proven to be ancient, reasonable, without interruption and free from dispute.

Click here to read the full story at Realtor.com.

Click here to read the full story at the Wall Street Journal.

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