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Perdido Key customary-use debate returns to Escambia County commissioners amid property-rights concerns
Summary
Residents and beach property owners clashed at the public forum over implementing the state'passed customary-use law, with supporters citing public access and opponents warning of lost private rights and maintenance costs. Commissioners agreed to discuss options with staff and legal counsel.
Supporters of expanding "customary use" on Perdido Key told the Escambia County Board of County Commissioners on Nov. 18 that the state'level change (referred to repeatedly as Senate Bill 1622) restores pre-2018 access to beaches and would help resolve long-running access disputes.
"It's a state law, so it's what y'all wanna do with it," said Gary Holt, a Perdido Key property owner and longtime beach advocate, urging the board to direct legal staff to prepare an ordinance and begin enforcement discussions early next year.
Opponents, including condo and beachfront property owners, argued the change would effectively transfer private property use to the public without compensation and shift cleanup and liability burdens onto owners. "We own the beach property," said Connie Walker, president of the Perdido Key Association, describing crowded shorelines, trespassing, and vandalism she said followed expanded access. Jennifer Jackson, a full-time Perdido Key resident, warned opening all beaches to the public could reduce funding for state parks that currently rely on parking and entrance fees.
Legal and historical context was raised by speakers who cited prior court decisions and questioned whether county or state mechanisms — including purchase or eminent domain with compensation — would be required to expand access. Charles Krupnick told the board that land created seaward of erosion control lines belongs to the state and is open to the public, but that granting access to privately deeded beachfront would be "grossly unfair" without compensation.
Commissioners said the item was not for immediate action in the public-forum setting but discussed next steps. The chair suggested referring the matter to a workshop or discussion item so the board could hear staff analysis and potential ordinance language; at least one commissioner said a town-hall discussion in Perdido Key would be appropriate. The board did not take formal action to change access at the meeting.
Why it matters: The issue pits public-access goals and environmental stewardship against longstanding private-property expectations on the same shoreline, and any ordinance or county-level implementation would involve legal, fiscal and operational trade-offs. The board indicated it wants more staff analysis and public engagement before deciding whether to pursue an ordinance or other measures.
