Possession of Real Property (Support)

Possession of Real Property (Support)

SB 54 (Rouson) repeals all language dealing with access to beaches from last session’s customary use legislation. During the 2018 legislative session, legislation was passed and signed into law that prohibits a city or county from adopting or keeping in effect an ordinance or rule establishing customary use of privately owned dry sand areas.  Customary use is a common law term referring to a legal determination allowing public access of the sandy beach in front of privately owned beachfront property. As a result of the current law, if a city is seeking to establish the customary use of privately owned lands they are now required to adopt, at a public hearing, a formal notice of intent, provide notice to affected parcel owners and file a complaint with the circuit court to determine whether the land is subject to the customary use doctrine. (Cruz)