Possession of Real Property/Customary Use Ordinances (Watch)

Possession of Real Property/Customary Use Ordinances (Watch)

SB 804 (Passidomo) and HB 631 (Edwards) are comprehensive bills outlining the process by which a property owner with a superior right of possession can use a cause of action to recover possession of the property. Of interest to local governments, the last sentence of the 13-page bill could preempt local governments with customary use ordinances. The legislation maintains a common law claim of customary use for the public use of private property must apply to a particular parcel and must be determined by the court. Customary use ordinances have been used by a handful of counties to establish public access to beaches. (Cruz)