Vortex Spring Sale Rumor

[mike_s]

Whatever they do, if you leave your dive knife behind, not carring any weapons, it will only be a misdemenor trespass

Actually, you're only treaspassing if you cross their land to get to the spring.

The spring is a "waterway". State laws prevent you from obstructing waterways. In theory, they could not prevent you from paddling a canoe up the waterway and diving the spring.

This is the same way that people dive Cypress springs. It's land surrounding it is all privately owned. So divers simply take their boats (from the boat ramp) up the waterway to the spring to dive it.

 

[SuPrBuGmAn]

The waterway isn't passable though, there are fences across the water that keep boats out. Not sure how legal that is... but it seems to be an established thing.

 

[mike_s]

The waterway isn't passable though, there are fences across the water that keep boats out. Not sure how legal that is... but it seems to be an established thing.

Fences seem like an "obstruction" to me. But I'm not going to get out my "fence cutters" to drag my butt in a canoe up that stream.

However, Section 10 of the Rivers and Harbors Appropriation Act of 1899 (Act) prohibits "The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States." This has even been reviewed by the US Supreme Court (1981)


But if we were to cut their fences while canoeing up it, most likely it could be the local sheriff deputy to respond and his lack of knowlege would most likely result in a treaspassing and destruction of property charge as he has no clue that the above law exists. That area is mostly a "farm area" and it's common for farmers to run fences across streams there. While it might not be in accordance with the above act, it happens. Nothing in Vortex that's worth that much hassle though to see.

 

[kchFLA]

Viability of golf course. There is a huge development proposed for Holmes County. It includes a wildlife park, water park, residential, and commercial construction. The wildlife park is to be up and running in the spring of 2008 (if I'm remembering correctly.) If the rest of the development happens, a golf course would be viable.

Right now with the housing market in a slump, I don't know how fast the project will proceed, if it even will.

 

[H2Andy]

i've heard they sold

i haven't heard that they're going to build a golf course

 

[mike_s]

Viability of golf course. There is a huge development proposed for Holmes County. It includes a wildlife park, water park, residential, and commercial construction. The wildlife park is to be up and running in the spring of 2008 (if I'm remembering correctly.) If the rest of the development happens, a golf course would be viable.

.

At first, when I heard the "golf course rumor" I wondered if this was part of this new wildlife park.

I still wonder how it'll do so far from the beack (the wildlife park)

 

[SuPrBuGmAn]

There's a zoo in Gulf Breeze just down the road already... Stupid people.

 

[ScubaKris]

The wildlife park fell off the wagon once and they are trying again. It will be some distance away, Bonifay /Chipley. I know a lot of the locals, doing business in the area and most people are either related or know each other. i.e. I am doing a job for a guy, that is lesing farm land down the road, of course he tells me to pick all the peanuts I want.

If Vortex is sold and we cannot get to it by land, I am sure I could find someone that would allow a group/club of locals to cross onto it.

The guys at Cypress tried to keep people out, they finally had to put up a fence. They tried calling the cops. The cops did not want to deal with it, hey it was another treaspass complaint, they would go to lunch and take their time getting there. Knowing that if they took an hour or two, when they got there the people would be gone.

I just can't see putting in a gol fcourse here. M&M just put in an archery range, I could see a paint ball park. This is the kind of stuff people do around here. Destin and Panama City have world class golf courses.

there is a golf course off 81 between Bruce and ponce de Leon, they can't give green time away.

I would like to see them try. The two acres in my front yard looks like someone practiced morter fire. The armadillo's dig massive holes along with the deer and other animals, a problem they don't have much of in Destin

 

[mike_s]

The guys at Cypress tried to keep people out, they finally had to put up a fence.

Wouldn't putting a fence up go against the above referenced Rivers and Harbors Appropriation Act ?

 

[H2Andy]

it is against Federal law to obstruct navigable waters. most states i am sure will have companion legislation (Florida’s constitution, Article X § 11, codifies the federal common law that all navigable waters are public lands that are held in trust for the people)

as i understand it, in Florida, if a stream can float a canoe, the stream is probably navigable. navigable streams can be used for floating, fishing and swimming.

again, i don't think it's legal to block access to navigable waters.

now, if Florida granted away the title to the bed of a creek or stream, then the new owner can block it if they want. Florida would most likely not do that if they think the body of water is navigable. but if they think it's not navigable, they might transfer ownership to private parties.