Timeline

How this all happened

FLORIDA CONSTITUTION

Article X, Florida Constitution, Section 11

Text of Section 11: Sovereignty Lands

The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.

Amendments: Florida Amendment 5 (1970)

NO. 5 – Constutional Amendment
Article X, Section 11

The Florida Sale of Submerged Lands Amendment, also known as Amendment 5, was a legislatively referred constitutional amendmenton the November 3, 1970 ballot in Florida, where it was approved.

The language that appeared on the ballot:

LAND SALES. Proposing an amendment to Section 11 of Article X of the Florida Constitution, providing authority for sale of sovereignty submerged lands only when in the public interest and providing authority for private use of sovereignty submerged lands only when not contrary to the public interest.

April 21. 2022 Palm Beach Code Enforcement Board Meeting

The Palm Beach Code Enforcement Board found the issued citation under existing Town Code Section 134-2 to be correct and instructed the homeowner by May 9. 2022 to remove the posts and other barriers installed without a permit.

While this hearing was all about enforcing the law it was not lost on the Board Members through letters they received in advance and public testimony that we, the public was not pleased with the restrictions and behavior of the violator.

https://townofpalmbeach.granicus.com/MediaPlayer.php?view_id=5&clip_id=2485&meta_id=245462

April 12. 2022 Palm Beach Town Council Meeting

can be heard here:
https://townofpalmbeach.granicus.com/MediaPlayer.php?view_id=5&clip_id=2477&meta_id=245080
The Monopoles discussion begins at 6:36:01 on the timeline.

March 18. 2022 Code Enforcement Board Meeting

can be heard here:
https://townofpalmbeach.com/853/Meeting-Audio
The 101 Seminole Monopoles Violation discussion begins at 12:15 on the timeline.

FLORIDA CONSTITUTION

Article X, Florida Constitution, Section 11

Text of Section 11: Sovereignty Lands

The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.

Amendments: Florida Amendment 5 (1970)

NO. 5 – Constutional Amendment
Article X, Section 11

The Florida Sale of Submerged Lands Amendment, also known as Amendment 5, was a legislatively referred constitutional amendmenton the November 3, 1970 ballot in Florida, where it was approved.

The language that appeared on the ballot:

LAND SALES. Proposing an amendment to Section 11 of Article X of the Florida Constitution, providing authority for sale of sovereignty submerged lands only when in the public interest and providing authority for private use of sovereignty submerged lands only when not contrary to the public interest.

In their relentless effort to make the pubic feel as unwelcome as possible on the public beach, a group of wealthy Palm Beachers who own oceanfront mansions and condos between between Wells Road and Sunset Ave have taken it upon themselves to decide on a daily basis the location of the mean high tide line and coastal erosion line and when and where the public should be barred from the beach because of erosion.

On Sunday, Jan. 16, these landowners decided that the erosion was bad enough on a spit of beach between Wells Road and Sunset Avenue that the public should not be allowed on that section of beach. They erected white poles at the waters’ edge that proclaimed the beach in those areas private.

Legally, these landowners do own the beach up to the mean high tide line. And Article X, Section 11 of the Florida Constitution clarifies that the state holds the land seaward of the mean high-tide line (MHTL) in trust for the public.

So, why does the Town of Palm Beach and Florida Department of Environmental Protection allow wealthy landowners to decide the location of the mean high tide line and coastal erosion line? Why does the town and DEP allow these landowners to decide when a public beach should be closed because of erosion and put up poles declaring the eroded stretch of beach private and claiming ownership?

Closing public beaches to control erosion is good for the health of the beach and public safety. But shouldn’t those decisions be made by town or state environmental officials rather than wealthy landowners?

If you have the same concerns, please repost and spread the word.

January 16. 2022

Homeowners on North Ocean Blvd between Wells Rd and Root Trl decided that the property directly in front of their beach front properties were no longer to be used by the public.

Article X, Section 11 of the Florida Constitionclarifies that the state holds the land seaward to the meantime line in trust for the public.

Their claim was that their property was being destroyed by unworthy beach goers at night, although that does not explain the

erected white poles to claim the beach in front of their beach properties was private and not to be used by anyone in the general public.