Perdido Public Beach Access Question: Final Three Abstracts Received, no Additional Public Beach Access Language Found

 

Late last week our office recived the final three property title abstracts from the county attorney's office.  We have now received every title abstract for every Gulf Front parcel of land on Perdido Key.

And what we found is that 64 of the parcels from the 1950's have language specifying a 75 foot easement on each parcel's southerly portion "for the public's use for a public beach."

But thus far, no other parcels we have found contain that language or anything like it delineating the public's right to access the beaches.

Here are the last three abstracts, here, here, and here.  (Land's End, Parasol, Vista Del Mar) All of these are a part of the large property transfer from the State Department of Education in 1912.  They describe mineral rights, petroleum rights, but no public beach access.

The attorney's office also looked through these three abstracts and provided the following initial observation:

"I have finished reviewing the last three abstracts.  Unfortunately, I did not find anything that reserved or established a public beach access easement for Vista Del Mar and Lands End Condominiums and Parasol Subdivision.  The plat for Parasol Subdivision does show a 100 foot “general easement” over the  southern portion of the parcels.  However, the plat dedication indicates that this was intended as part of the common areas for the subdivision, but it would not create any rights for the public-at-large."

SO WHAT HAPPENS NEXT?

I've emailed the county attorney's office with a request for one clean memo based on their legal opinion(s) on the abstracts and also the beach/dune restorations that have occurred out there over the years.  I have also asked for one map of the entire area that delineates where the public can access beaches.  Here is my email to staff.

"Hello Alison,

 Thanks to you and Steve and the legal office for all your assistance as we have sought a resolution on which beaches in Perdido Key are actually available for the public’s use.

 With the last batch of title reports, combined with the ones we have previously received, I think we have a pretty good idea about the answer to the question now.

 The last thing I need from your office is a memo delineating your opinion regarding which beaches are accessible by the public based upon your office’s analysis of all of the relevant Gulf-Side title abstracts.  I believe it will be only the 75 feet easements from the 64 lots in the Gulf Beach Subdivision—but by all means let me know if it is more than just those.

 If we can do this, and simultaneously have the development services department put together one final map of the entire Perdido Key area delineating what we know about public accessibility, this will also be required and I assume it will line up with what your written opinion is from your analysis of the abstracts. 

 If possible, in the same memo----- I’d also like a legal opinion to be included from your office regarding the persistent questions I am receiving regarding historical beach nourishment by Federal Agencies post Hurricane Ivan.  Many believe this beach nourishment (characterized as a “dune replenishment only”) should open up all the beaches to public access due to the public dollars expended to restore the sandy beach areas post storm.  According to Tim Day, whom I have asked this question multiple times and in multiple ways----the projects post-Ivan do not qualify as projects that would trigger public access in perpetuity because in his opinion such beach nourishments did not create “new” beaches by filling in areas that were submerged.  However, a number of reports post-Ivan indicate that the beaches in Perdido Key were dramatically eroded, in some instances back to the wood walkovers.  So the question is, and I want a legal answer for, is this:  Would that not qualify as creating “new” beach when added sand “restores” a previously existing beach?  I need one final, cogent, and accurate legal answer to that to answer the growing number of folks who have asked this question over and over.  Thanks in advance for that—potentially most important—legal opinion.

 Once I have the answer—I can work in conjunction with my fellow board members—with developing the right policy(s) protecting property rights but simultaneously recognizing the public’s right to access those beaches to which they are entitled to access—along with the provision of safety services (lifeguards) if this is legal and appropriate.

 I hope you all enjoy your holiday weekend, and as with most things, the sooner I can have this memo, the better."