Escambia County Commissioner Jeff Bergosh is pursuing more clarification on the 75-foot public beach easement on Perdido Key and whether it applies to more than the 64 lots uncovered last week.
“We got to get the lawyers involved in some of this stuff,” said Commissioner Bergosh. “But meanwhile, I want to liberate that beach, Rick. We know 64 parcels have the language. That could potentially allow us to put lifeguards out there so we don’t see the tragedies that we’ve seen recently.”
He added, “We’re on a hunt. We’re going to find these titles, Rick,and we’re going get to the bottom of it, and if possible, we’re going open up that beach for the public.”
Typo correction: not state by state, but Florida county by county on MRTA.
SO grateful that you’re keeping this current, Rick, and for the time and spirit Commissioner Bergosh is bringing to this battle. Thank God we finally have a public-minded leader for the people in charge out there.
I couldn’t disagree more, however, with the idea that the County has to wait because of MRTA.
MRTA is an absolute swamp of grey area and tax laws that go state by state, and often ruling by ruling. I refamiliarized myself with it a bit, having forgotten most of what I learned when looking into when we purchased our home 9 years ago.
There is at least one clear cut case that speaks to this question of MRTA versus original deed, albeit in a backwards fashion. In a seminal case having to do with MRTA and HOA rules and regulations, Eastwood Shores Property Associations, Inc v. Florida DEO, they lost some HOA rights per MRTA *BECAUSE THOSE RIGHTS WEREN’T REFLECTED IN THE ORIGINAL DEEDS.”
Also, there are MANY exceptions having to do with easements, both in the establishment of the act and in court rulings on its legal effect.
Although I empathize with the County Attorney’s office facing the potential of a huge suit to deal with, that is what we pay taxpayer money for. I can’t imagine a better use of lawsuit funds for a change–as long as the public has access to the beach in the meantime. We’ve had to foot the bill for soooo many bad actors suing the County (ahem, you know who you are), *surely* we can foot the bill on something that actually ensures public interest and rights, for a change.
Direct the parcels with the perpetual easements to take down their signs; if they don’t, put up County signs telling people to keep within the 75 ft. Obviously there needs to be an open line of communication with ECSD, but if Sheriff Simmons isn’t down with his over duty deputies continuing to enforce this, what are they going to do–bodily drag people off the dry sand?
Let them sue, if that’s their druthers, and they can go ahead and try to get a TRO against it. They may get one, of course; or they may not, depending on the judge. But JUST like with Beach Access 4, let the public onto the land that they were intended to own, unless and up to any court ruling dictating the public stay off that property.
Otherwise? It will be years on end of litigation, with zero progress made, and the plaintiffs attorneys stalling out the process as long as possible. Look how long the court case got stalled on Beach Access 4, over absolutely nothing.
Many of us have worked tirelessly on this beach access issue for years, giving hundreds and even thousands of hours of time, with Michael McCormack’s selfless and tireless investigations finally cracking it open. It’s time to let the public on any parcel with an original deed stating that easement. This has gone on long enough.