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| Some folks do not want you, the public, to access the public beaches of Perdido Key that the deeds to their properties allow via a perpetual easement for a public beach of 75'. These folks are prepared to sue to remove that language. They are about to pull the tiger's tail if they try that. And it won't succeed in court or in the court of public opinion either....... |
Late last week I heard about this troubling develoment.
Apparently there are a half-dozen or so condominium HOA's that will be banding together to hire a prominent local attorney to challenge the 75' easements that were discovered earlier this year which provided for public beach access in perpetuity.
I anticipated a phone call on Friday from this attorney but it never happened.....
As we found during that process to determine which parcels contained public use easements, about 63 parcels at Perdido Key contain this very language--stretching from the state park Eastward to the Perdido Skye condominium.
Apparently, I am also told, there are several retired attorneys that own property on these parcels and are pressing for litigation; some of these folks don't even live here full time.
But dangit--they don't like the public using (what they thought was) their beach!
The trouble is--these beaches, since 1957, have had the 75' easement language in place guaranteeing public access/use. I walked those same beaches with my late father in the early 1980's and never had any problems and nobody ever accused me of trespassing. Many others I've spoken with did likewise.
I think they will attempt to argue we/the public/the county "abandoned" this easement.
All I can say is good luck with that argument. It fails.
So I wonder why this is the fight these folks want to pick? Do they really want to awaken the citizens on the west side with this litigation?
Nobody wants litigation, nobody wants a court fight.
But a fight to preserve the public's lawful right to access these beaches is one I am willing to have. And I know I am not alone.
Every town hall I have I ask about the public's use of these beaches and it is a sea of green "AGREE" cards.
It is a universally bi-partisan issue that transcends every ideology, race, age, and social status---public beach access.
So I hope this litigation is rethought and a productive dialogue can commence instead--focused on the county providing additonal safety and maintenance resources in these areas which I believe is appropriate if the public is using these beaches.
Stay tuned, more to come on this.
18 comments:
"Abandoned"? Hardly.
More like we were lied to all of these years. (Especially by the former D2 Commissioner.)
Yes and you would too if it was happening in front of your Pensacola Beach Condo.
2:44--All the beaches on Pensacola Beach are already public. Guess you wouldn't know that if you're not from around here......And guess what? It works perfectly, no problems. And 11:22--you are right, you were lied to by the disgraced, former commissioner from D2 who is now farming pigs in Atmore. You were lied to and deceived by he and his little underling secretary who kept beach access 4 locked up behind a chained gate for the entirety of their tenure and never bothered to find the public easements we quickly discovered once I took over that area and liberated it. Yes--- He was a liar, is a liar, is a disgrace but most importantly--he is gone now. Buy bye!
It was originally 64 parcels. Why does it say here there are only 63?
Perhaps money would be better spent improving the multiple public beach accesses already available on that stretch including the Perdido Key State Park! One of the public beach accesses there has been closed since Hurricane Sally. Please do not destroy the natural beauty of west Perdido by building parking lots & all the other services which would be needed to accommodate increased traffic in this gorgeous stretch of beach!!!!!
A: They live in McDavid and not Atmore.
B: They have a small farm with goats, donkeys, and chickens. Not pigs. The home is off-grid with solar power and battery storage. Recently a green space was added with a small water feature designed for wading. I guess you see pig farming as a bad thing for only third-class citizens.
C: A citizen brought you the information about the beach access. You didn’t find that information. This was all information the county had available.
The least you could do is be honest. Then again, you are a politician and honesty comes in second or third.
I don’t know that I agree with your assertion, Jeff, that “the beaches on Pensacola Beach are public.”
Much of the north shore beaches along the Santa Rosa Sound have NO public access. In fact, that lack of public access along the Santa Rosa Sound demonstrates that the lease system does absolutely nothing to safeguard public access or to limit private development.
Is there true public access along the Santa Rosa Sound along the north side of your luxury Pensacola Beach condo, Jeff? Looking at Google maps; it doesn’t appear that public access exists.
The only reason that the Gulf-side beaches on Pensacola Beach have such phenomenal access is because we used public funds to replenish that sand (lease fees) and because you fickle commissioners have not yet leased those beaches to private entities. My understanding is that the Commission could lease those beaches at any time.
In fact, you commissioners did recently sell a previously unleased 2,755 square foot Casino Beach property at 2 Via de Luna to Innisfree Hotels in order to facilitate the construction of a new 12 story private tower. You sold that valuable property for $3 per square foot.
So, precisely, how does the lease system safeguard public access and limit development?
The Commission deceived the citizens in 2018 and in 2019 when you commissioners rejected the common sense tax policy and the federal protection of all of the unleased land on Pensacola Beach.
Today, D1, D2, D3, and D4 frequently scapegoat the great Pensacola Beach leaseholders for your own incompetence.
And you failed to admonish the PNJ or the yellow shirts in 2018 and 2019 when they distorted the truth.
That’s a clear difference between you and me. You only criticize the dishonest reporting of Marlette and the PNJ when they distort YOUR own record.
As a 17 year elected official, your integrity should not vacillate with the weather.
Don’t deceive the public. Is there ample public access north of your Pensacola Beach condo along that Santa Rosa Sound beach?
Or are you distorting the truth for political expediency? Straighten up and fly right, Jeff.
Correction: I stated that the commissioners from D1, D2, D3, and D4 unfairly malign and scapegoat the great Pensacola Beach leaseholders for the commissioners’ own incompetence.
However, I meant D1, D3, D4, and D5. Those multi-term commissioners have formed a cabal. They rejected common sense tax policy on Pensacola Beach and sold out to the developers.
I have absolutely nothing negative to say about D2 Commissioner Mike Kohler.
Apologies for the typo.
10:39--Please understand I don't care about the nuanced distinctions about which rural community dozens and dozens of miles north of here the disgraced, former commissioner lives in. Neither do I care about the precise nature of his animal husbandry and which animals he raises. He's gone, that's good, the end. He's farming up north. He should be raising pigs though, it would suit him. And to your other points, I never said "I" found the easements. I said "we" found them. That is 100% true. Michael Mccormick brought a clause in one deed he saw referenced to my attention, and I had the legal staff research that particular deed AND every title out there, and WE discovered the vast swath of public beach that Underhill never bothered finding for the people during his time out there. And yes, WE did it quickly once I assumed that area back into D1. And I note you gloss over the other fact: He, underhill and his minion secretary pro-actively kept access #4 closed and locked behind a locked gate and no trespassing signs for their entire tenure. Then, when I and the rest of the board pushed to open it over his objections--he voted agaist it. That's who that guy is and was, and that's why he's gone and I am here getting the job done. Now, if you are so interested in the granular details of that disgraced, former commissioner----go join him up in century raising animals and living off the grid. Maybe you can start his fan club and write his autobiography "Anatomy of the slow motion train wreck: the Doug and Jonathan Show"
More like a slow motion jet ski wreck, happening in real time.
You should rename this blog, "The Jeff and Tom Pissing Contest". LOL!
Jeff, stop with your smoke and mirrors.
Your private Pensacola Beach high-rise condo sits atop of what was once a beautiful WHITE SAND Santa Rosa Sound beach.
Your high rise condo is BEACHFRONT, Jeff. Perhaps you are not very observant.
Beautiful Santa Rosa Island is an ISLAND, Jeff. That beautiful island is naturally surrounded by white sandy beaches around its ENTIRE perimeter. That’s the definition of an island, Jeff. Perhaps you skipped too many Geography classes.
It’s simultaneously both comical and sad to observe the lengths that you are willing to travel to distort the truth.
Wouldn’t it be more sensible to simply speak the truth?
Santa Rosa Island does not naturally have a “rocky shore”, Jeff.
Pensacola Beach is not New England. The Spanish landed here; not the Pilgrims.
Most of us venerate the sugar-white quartz sand of Santa Rosa Island.
Those rocks that you installed as the foundation of your private sea wall are known as riprap. By erecting that private sea wall, you and your condo complex decimated the natural sandy public beach. You know that.
And again, tearing out the indigenous sea oats in order to install grass on that beautiful beach is, in my opinion, an ABOMINATION. Do you not care, at all, about the ecology of Santa Rosa Island?
It’s apparent that you don’t care at all about the truth; you lied to that citizen from Perdido Key (poster 2:44).
Your fancy-schmancy condo walled-out the public and decimated that sandy public beach.
Further, you lied to the great citizens of Escambia County when you told them that the convoluted lease system safeguards public access and prevents a condo canyon.
And you pay ZERO ad valorem taxes on the beautiful private BEACH on which your high-rise burdens.
Today, you scapegoat the leaseholders for the convoluted tax structure on Pensacola Beach that you championed and that you are exploiting.
What use is it to conquer the world, Jeff, if you forfeit your soul in order to obtain your twisted objective?
If they do sue please use use every resource in your power and not only open that but go ahead and go the distance and with the FACTs that you have from the past hurricane expenditures and Open back up the entire coast there.
Just do it.
Yes we recognized immediately that Underhill was so full of sh!t his eyes were brown. 🤣 You certainly know that too. It was so refreshing to see you conteract ALL that.
THANK YOU.
Yes Tom is ridiculous. He is whining over on Escambia Hate Site with his panties in a wad.
I could deconstruct his argument on his logical fallacy to do list, but .. who cares what he thinks.
His reputation proceeds him.
He is mad because you didn't give him the people's property.
He should just cry and tell us what he really means.
"I want fee simple. I want to not lease. I want what the taxpayers own."
"Gimme Gimme Gimmmee."
Like clock work. Waiting for the sunset picture and close up of Steve he posts.
Whump there it is..
However, I think I'd rather waste my time going to buy a power ball ticket before dinner.
Whonk Whonk Whonk Whonk.
I know this went off the rails but in case anybody on the hate site clicks over here. Simply put. Consider this a Troyjan horse because I can't say this on the facebook page but since he brought the blog over there and posted it, the comment is for any readers over there.
The issue of fee simple push on Pensacola Beach was put on the ballot and the voters of Escambia SOUNDLY REJECTED IT AND THE BOCC ACTED ACCORDINGLY. Period. YEARS AGO.
TJ CANT LET IT GO.
It IS actually a bit disturbing to see him twist himself in knots.
And of course UnderOwens gives him a laugh. Is he laughing at him or with him. Or happy to use him.
Newsflash. Going over the same thing for years on end, after a vote, definitely represents a classic case of insanity. Doing the same thing over and over and over and over and over and expecting a different response fits the definition. Obsessive thoughts.
Clearly, really I picture him as the type that would actually beat a dead horse that he cme across that is laying in road.
You have more patience than I do on dealing with him.
Back to the topic.
Thank you for stubbornly championing Beach ACCESS in the county Commissioner Bergosh.
If the Peridido residents that live on the public beach waste their money to pay a shark lawyer please use everything in your deep pockets and policy making power to eradicate that greed and self interest that took root on the Key.
I think TJ posting pictures of your residence could be considered stalking you and it might not be a bad idea for you to take note of that and beware of that behavior. It seems to be escalating.
Clearly that is not the definition of public debate.
I think he posted your address and then deleted it.
Beware.
Lowering yourself to that of a child on the playground by calling someone a names or referring to them as a pig says EVERYTHING I need to know about you.
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