Save Our Land: Just the Facts

Stop a Land Grab: Timeline of Recent Events

In mid-February 2019, the owner of Lot 173-3, without authorization or notice to owners or County, clears a strip of wooded land 20 feet wide and 300 feet long across the two lots belonging to the Kidd Family. This represents the third attempt since 2004 by developers to a forge a private drive through a County right-of-way on the Kidd property.

Within a few days of the illegal clearing, real estate agent Mickey Whitaker lists Lot 173-3's third of an acre for nearly $1 million, advertising a "reserved easement...down a picturesque entrance". He posts a sale sign on the Kidd's property, some 300 feet away from the lot for sale.

On February 22, 2019, Code Enforcement documents the illegal clearing.

On March 28, 2019, the Kidd family's attorney David Theriaque sends a cease-and-desist letter to Mickey Whitaker to take down the sign and remove the false and misleading listing. The County's Code Enforcement Department also orders removal of the sign.

On April 3, 2019, Wilmer Stafford, the Director of Public Works for Walton County issues a letter stating, "We have confirmed that the county has not conveyed any interest or rights in the Right-of-Way to any private individual or entity....[nor] granted permission to construct a road in the Right-of-Way."

On April 24, 2019, the Kidd Family submits a Petition for Abandonment of the right-of-way.

On April 25, 2019, David Pearson/30A & 393 Capital Investments applies, after the fact, for a permit to clear the land and "install driveway to owner's parcel." In Walton County, you cannot pull a permit to clear land you do not own. The County records but does not process the application.

On July 5, 2019, in response to the call for the July 11 Planning Board meeting, David Pearson (under the rubric of 30A & 393 Capital Investments) objects to the abandonment claiming "we have no other access to our property currently. US 98 does not presently provide access to our property. A grant of access to 98 has not been received." He fails to mention that he has never applied for one.

On July 19, 2019, Melinda Clumfoot, Permits Coordinator for the Florida Department of Transportation (FDOT), fully aware of the right-of-way that crosses our properties, confirms that IBCI's Lot 173-3 "doesn't have reasonable access EXCEPT to SR 30 (US 98). ...Also, I have no knowledge of Inlet Beach Capital property owner contacting our office to discuss possible access."

On July 26, 2019, the Kidd family makes an offer to IBCI that if its application for a curb cut to US Highway 98/State Road 30 were denied for any reason, they would move their existing curb cut in order to share access to Hwy 98.

On August 6, 2019, Kelly Barr, a representative for Inlet Beach Capital Investments responds "to a proposed access from US 98, that does not exist, which we have not asked for and do not want... The present and existing access [the clear cut], to which we are constitutionally entitled, is the access which provides the greatest value to our property and which we both deserve and intend to continue to use."

In October 2019, at the request of Inlet Dunes Homeowners Association, the Kidd Family tables its petition so that Inlet Dunes' own petition for abandonment of the southern half of the right-of-way be heard jointly.

At its May 14, 2020 meeting, the Planning Board makes no recommendation to abandon.

June 6, 2020, IBCI asks the county to open the entire 66-foot right-of-way for a 300-foot long county road leading to Lot 173-3. The taking of this land would severely compromise four neighboring parcels belonging to 24 other property owners. Its plan is here.

On August 13, 2020, the Planning Commission rejects IBCI's request for a 66-foot-wide road in a 4 to 2 vote. After the proposal is defeated, the chair poses the nub of the issue. "What we're trying to do is come up with a compromise... Because really what it's going to end up being is a driveway that has to look like a roadway." The Planning Department's idea of a "compromise" is to give the developer a slightly smaller driveway that the County can claim is a road. They vote a second motion unanimously to bring such a plan to the BCC. Without the opportunity to rebut, the 40 other owners get compromised. Turn to the Definitions page to figure out what's wrong with this process!

The Board of County Commissioners, expecting a new "compromise" to be brought in, postpone their consideration to September 24, 2020.

On September 24, the BCC voted against our request for abandonment. Happily, however, they also voted against IBCI's road proposal, regardless of its size, recognizing that it was not in the public interest.

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	An unauthorized clearing
	The neighborhood east of Orange Street and north of public access to Inlet Beach. Lots are denoted by green triangles and defined by faint blue lines. The 66-foot wide right-of-way crosses the south sections of Lots 146 and 147, the north section of Lots 173-3, 174 and 175. —The Kidd Lot 146 is southeast of Orange Street and US Highway 98. —The Kidd Lot 147 is to the east of Lot 146. —Lot 173-3 belonging to IBCI is east of Lot 147. —A section of Lot 174—Mala Beach subdivision, just south of Lot 147, was recently sold to the Ruth family. —Inlet Dunes' Lot 175 (with two 9-unit buildings) is south of Lot 146.
	NO LOTS ARE LANDLOCKED Lot 173-3, to which the remnant of Lot 148 was attached, has 80 feet of frontage onto US Highway 98. Encumbered by the entire 66 feet of right-of-way, Lot 173-3 cannot be fully developed unless the right-of-way is abandoned there as well.
	Lot 173-3's Access (white arrow) Colored arrows are primarily residential turnouts in the same zone. Lot 173-3 was created when old Lot 173 was divided. A precondition of that division was road access for all the sub-lots. Access for 173-3 (the northwest quadrant) became available when Highway 98 was widened and a remnant of old Lot 148 was attached, providing Lot 173-3 with 80 feet of frontage onto US Highway 98. As confirmed by the FDOT, the access that allowed the creation of Lot 173-3 was always and only US Highway 98.

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KEY FACTS of the CASE

"Summary of the case" in 3 minutes
IBCI does not own the land it cleared.
The strip that was clear cut is private property belonging to the Kidd family. It lies in a 33-foot wide corridor subject to a county right-of-way established by US government patent in 1938.
Based on IBCI's valuation of their own land, the property they are trying to grab from the Kidd Family would be worth $400,000.
IBCI is claiming their lot's only access must be to Orange Street. But their lot is 300 feet away.
IBCI representatives claim the right to use Kidd Family land, at no expense to purchase it nor pay its taxes, because it makes their property more valuable.
IBCI's Lot 173-3 is not landlocked. Having access to US Highway 98 was the only way it could be created in 2001 as a separate lot. See "Not Landlocked".
Since Lot 173-3 is not landlocked, the County cannot legally grant its owner private use of the right-of-way over other people's property.
The US patent limits the County's use of the land to public "roadway or public utilities." There is no "public" that wants the road, but one.

FACTS ABOUT OUR CASE

The Kidd Family Inlet Beach Legacy

Stop a Land Grab: Timeline of Recent Events