At his town hall meeting on April 28, Escambia County Commissioner Steve Stroberger addressed a contentious issue affecting Perdido Key residents: beach access easements behind condominiums.
Background: In April 2023, Escambia County discovered that when the federal government sold off lots in the Gulf Beach Subdivision in 195y, the original deeds included a clause granting a perpetual public easement for the southernmost 75 feet of each lot from the Gulf of Mexico northward. Several condos sued the county over the easement. The courts have dismissed most of the lawsuits.
Standing on stage at Liberty Church, Commissioner Stroberger began by identifying attendees concerned about beach easements, noting that most participants raising their hands were condominium residents directly affected by the current policies. This set the stage for a discussion focused primarily on property owners’ perspectives, with the commissioners sometimes agreeing with both sides.
- Ultimately, nothing was decided. Stroberger’s hope of a lifeline from the Florida Legislature doesn’t appear to offer any solution.
Property Rights vs. Public Access
Condominium owners expressed frustration over visitors using their facilities without permission. According to the Commissioner, residents have reported people “coming out there behind your condos and using your pool and using your bathrooms and vandalizing your condominium.”
- Stroberger empathized with these concerns. “I know how I would feel about that myself. I know how I’d feel. I’d feel exactly the way you do.”
However, he also recognized the public’s desire for beach access. He suggested that most beachgoers aren’t interested in trespassing on condominium property but simply want to use the beach. Stroberger noted he was hoping for a potential remedy coming from the Florida Legislature, which is dealing with public access in Walton County
- Stroberger said, “I was hoping that we could come to a compromise, maybe instead of 75 feet, make it 50 feet or something like that, people could still walk along the water line back and forth.”
Beachgoers Perspectives
The town hall provided a forum for residents to share their experiences. One attendee described bringing relatives from Texas to visit the beach but being frustrated by “lines in the water” that prevented them from walking freely along the shoreline.
- ” We only had this little area, and all the lines were in the water, so we could not walk past and go either way on the beach,” the resident explained.
Commissioner Stroberger agreed this situation was “unsatisfactory,” referencing a historical context where “one commissioner was kind of encouraging the condominium owners to put up their signs” (maybe a reference to former Commissioner Doug Underhill) and noting that chains had been installed, which “clobbered the beach.”
Maintenance and Liability Concerns
A condo resident raised concerns about maintenance and liability. This resident described regularly picking up trash left by visitors and questioned who would be liable if someone were injured on a private beach: “If somebody gets hurt playing games on the part that’s not 75-ft, whose liability is?”…