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) 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. Previously, the bill maintained that 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. The original bills provided that a common law claim of customary use must apply to a particular parcel and must be determined by a court, preempting local ordinances. As amended, the bills provide an efficient 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)