Possession of Real Property/Customary Use Ordinances (Watch)

Possession of Real Property/Customary Use Ordinances (Watch)

CS/SB 804 (Passidomo) and CS/HB 631 (Edwards-Walpole) customary use ordinances have been used by a handful of counties to establish public access to beaches. Customary use is a legal doctrine which deals with the general right of the public to use and access the dry sand area of a beach on private property. CS/SB 804 (Passidomo) and CS/HB 631 (Edwards) originally preempted the use of local government ordinances that establish customary use, and instead require that such a determination be made by a court. As passed, the bills provide for a compromise process by which a governmental entity may affirm customary use rights by first adopting an ordinance and then seeking a judicial determination of the recreational customary use. (Cruz)