Beach Ownership

[cary]

In Fla. how much of the beach does a condo or juke joint own to the
water? The reason I ask is that a caretaker told me I couldn`t detect
from their building to the water. Is it different for each property?

 

[thinkin2]

Cary, this is something that can vary and your best bet is to check the laws for the area. You can ask a question like this and get lots of opinions but what you need is to know the law. It will save you plenty of grief. Don't just call the police and ask them either because the officer you talk to may not really know the law about this. You need to look it up in the code but the bottom line is, if the establishment has the police on their side and they (the police) tell you to leave, I would advise you to do so. It just isn't worth the hassle. But to answer your question for this particular establishment, their boundaries should be on a plat and that should be on public record. As long as you aren't on their property or crossing their property for access then I would say you would be within your rights. But sometimes we aren't as free as we think we are so again, better to just move on to some other location rather than get involve in a confrontation, one that you probably won't win. Best of luck and please let us know what happens with this. It could help all of us. Have a great weekend.
Jerry

 

[Bottomfeeder]

Anyone wants to throw me off, better pack a lunch. That or bring legal documents with them saying they now own the public right of way.
Best way to get in trouble is ask pemission, JUST GO HUNT!!

 

[jb]

Now I fully understand why more and more place's are being put off limits to metal detecting with statements like that. Personally I belong to a M.D. Club and abide by all rules and codes and we are constantly fighting closures, Wa. State Beach's with homes on them are privately owned!!!! Enough Said By Me

 

[brobox]

The property line in here in Florida does go to the High Water Line. So if it is high tide, he is correct, if it is low tide he is wrong. That is for most general areas and NOT special exemptions. Some developed property DO NOT own any of the beach as zoning made that beach public before they would allow building.

If it is an area that you hunt often, go to the zoning dept and get a map of that area. Some employees do not know what is public and what is the owners property, just as you are in question. A zoning map will solve that problem.

Good Luck,

Chuck in Cape Coral

 

[DonNWF]

Every State seems to have different rules and laws. Most (I emphasize most) PUBLIC beach areas in Florida go to the high tide line. Although some state parks are closed to MDing the ones that are open go from the water line to the DUNE line. Private/commercial/public beach ownership however is in a constant state of change here. The beach is constantly changing due to hurricanes and rough seas. As the beach shrinks the available beach opened to the public also shrinks, as it does for the beach owner. However , if a beach is renourished using Federal funds, grants, matching funds (and including state money), the public beach extends up to that area renourished. For example, a private beach owner who losses his beach front due to storms, and that beach front is re nourished (built back up) even if up to his back door, the beach is now completely public to that line. I believe this Federal requirement to get Fed money is true in all states. I like the idea myself. Its public money rebuilding and replacing the beach, then the public gets to use the beach. I believe private owners have fought this in Florida, and lost. Actually I think they would like to keep it a secret.

I'm sorry that beach ownership in other states include the total beach. Who allowed that to happen? Can they extend that into the water? I don't believe in being confrontational, and I would probably leave if someone asked me to. But if the beach has been renourished with some of my money, I'm claiming beach rights. HH Don.

 

[Ron J]

seem to differ in the laws,as mentioned.I live in Massachusetts.I also own a house on a tidal river.Some of my yard is fill,and extends past the Highwater mark on Paper.The fill was yrs ago,by prior owners.I also have a pier with pilings,and catwalk to a 28' float.About 8 or 9 yrs ago,Some jerk,in gov't,brought to light,an old law,over 100 yrs old,stating something to the effect,that ANY tidal waters,with fill,piers,dwellings etc.must have a STATE PERMIT.This also includes ponds,lakes,streams etc. Massachusetts gave landowners two year amnesty to get a PERMIT.Know why? $$$$$$!! I did fill out the forms,and have a permit. But one consession listed is,You have to post a sign on both ends of your property,stating something like"Public Way" or "Access" through the effected ways.No one does,except if its a condo complex,or a even a boat yard.They have to post it. My brother lives on a large lake,has a pier.Had to get permit. If i want to do ANYTHING to my house,like a DECK,or connecting to public sewerage,I need to apply to Conservation Committee first,then to CityHALL for a permit,AND file with the State DEP! ANYone within 200 feet of water need to go through this process. So I feel ANYONE should have access along ANY waters,& beaches! Why not Hunt and enjoy! You can't harm the sand or mud. (THeir are propertys that are DEEDED to the LOW WATER MARK) just my two cents....

 

[TigerNed]

If the laws are the same as CT's.....You can hunt anywhere from the Meen High Tide Mark to the water and in the water itself....Not sure about FL., though.....