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December 2019

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NOTICE OF FILING COMPLAINT FOR DECLARATION OF RECREATIONAL CUSTOMARY USE

NOTICE OF FILING COMPLAINT FOR DECLARATION OF RECREATIONAL CUSTOMARY USE

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On December 11, 2018, Walton County, Florida, filed a “Complaint for Declaration of Recreational Customary Use” in the Walton County Circuit Court.  The case number is 2018-CA-547.  A copy of the “Complaint for Declaration of Recreational Customary Use” is attached hereto.

The specific parcels of property, or the specific portions thereof, upon which a customary use affirmation is sought are identified on pages 6-24 and 26-44 of the “Complaint for Declaration of Recreational Customary Use” filed in Walton County Circuit Court 2018-CA-547 and on Exhibit “A” to the “Formal Notice of Intent to Affirm the Existence of Recreational Customary Uses on Private Property,” which is attached as Exhibit “1” to the “Complaint for Declaration of Recreational Customary Use.”

A customary use affirmation is sought only on those portions of the properties referenced in Exhibit “A” to the “Formal Notice of Intent to Affirm the Existence of Recreational Customary Uses on Private Property” that consist of the dry sand area of the beach.  The dry sand area of the beach is defined as the zone of unconsolidated material that extends landward from the mean high water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves, whichever is more seaward.

The detailed, specific, and individual uses of the parcels of property to which a customary use affirmation is sought are as follows: traversing the beach; sitting on the sand, in a beach chair, or on a beach towel or blanket; using a beach umbrella that is seven (7) feet or less in diameter; sunbathing; picnicking; fishing; swimming or surfing off the beach; placement of surfing or fishing equipment; and building sand creations.

The sources of evidence that the County will rely upon to prove a recreational customary use has been ancient, reasonable, without interruption, and free from dispute are listed on Exhibit “B” to the “Formal Notice of Intent to Affirm the Existence of Recreational Customary Uses on Private Property,” which is attached as Exhibit “1” to the “Complaint for Declaration of Recreational Customary Use.”

 

As an owner of private property on which the County seeks to affirm the existence of recreational customary uses, you are entitled to intervene as a party defendant in Walton County Circuit Court Case Number 2018-CA-547.  Pursuant to Section 163.035(3)(b)1., Florida Statutes, you must move to intervene in Walton County Circuit Court Case Number 2018-CA-547 within forty-five (45) days from publication of this Notice.

If the Circuit Court has already entered an Order allowing you to intervene as a Party Defendant in Walton County Circuit Court Case Number 2018-CA-547, the County stipulates that you do not need to move to intervene again.  If you have any questions, please seek independent legal advice from an attorney.

Please be governed accordingly.