Flagler County is again at risk of losing $17.5 million in federal funds earmarked for a 2.6-mile dunes restoration project in Flagler Beach if the county doesn’t show by early February that it has either acquired three remaining holdouts’ easements or that it will take the owners to court to acquire the easements. It is all but an ultimatum.
“If the County is unable to demonstrate that the needed real estate will be acquired within a reasonable amount of time, whether voluntarily or by eminent domain,” Col. James Booth, commander of the Jacksonville District of the U.S. Army Corps of Engineers wrote the county on Jan. 6, “the Corps may need to consider whether the project should be placed in a deferred status. While in a deferred status, the project would not be eligible to receive additional [federal] funds, with the possibility that such funds will be used for other projects with an immediate need for additional funds for construction.”
Booth is giving the county until Feb. 11 to provide a written update “explaining the status of completed work to acquire real estate and the tasks that still must be completed along with the associated timeline to accomplish those tasks.”
Congress earmarked the $17.5 million for the project in 2018. Flagler County’s Faith Al Khatib, the county engineer, secured an additional $7.5 million in state dollars required to complete the first phase of the project. The federal appropriation required a local match. Securing the state dollars meant the county didn’t have to put up a single dollar. But now the project is in jeopardy: deferred status is a form of limbo that, while not removing the appropriation from Flagler, removes it from its uses for an undetermined amount of time.
Since July 24, 2019, Flagler County government has been responsible for securing 141 easements along the 2.6 miles of beach so the Army Corps can go in and rebuild dunes with sand dredged from a borrow pit offshore. It’s been a slog. (See: “15 Years On, $25 Million In, Flagler Beach Dunes Project Near ‘Dead In the Water’ as 13 Property Owners Hold Out.”)
But by late last year, the county had secured 138 easements. Two owners are still refusing to sign easements on three properties.
The Corps has been patient. When the county’s acquisition of easements seemed to stall in the summer of 2020, it extended its deadline as a group of volunteers in Flagler Beach, led by Carla Cline and Craig Atack, raised over $60,000 as incentives to hold-outs to sign. At the time, 11 property owners were holding out. All but two have since signed. But there’s been no movement with those two for months, prompting the unease from the federal agency.
“I know your staff has been working diligently to get us across the finish line,” Jason Harrah, project manager on the Army Corps renourishment, wrote the county on Jan. 6, “however our senior leaders in Atlanta and Washington are growing more concerned about the delays in completing initial construction of the project.” Harrah attached the letter from Booth in a pdf (the Booth letter is undated). “Again, we appreciate your continued partnership with USACE and look forward to building this critical project!”
There is no panic in the county, but there is concern. “They are emphasizing to us that this is the last stretch of our ability to secure these easements,” County Attorney Al Hadeed said. Failing a resolution, “they have said unequivocally that they will move us to a deferred project status, obviously outcome we do not want. Our intent is to continue to vigorously pursue the easements both by court action as well as through voluntary means.”
The county has been threatening since October 2020 to take them to court to get the easements through eminent domain. But 15 months later, there’s not been a filing in court yet. (See: “County Authorizes Eminent Domain Action Against Second Property Owner in Quest for Dune Easements.”)
“We have to go through a process, so we’re taking all those steps to put together the information with the experts in order to present the case to court,” Hadeed said. “When we have all of that put together, then we’ll be filing and proceeding for a quick take of the easement right. I want to emphasize: we’re not trying to take anybody’s property, we’re trying to get the right actually to fix their property at no cost to them.”
Eminent domain is the legal term for a government taking of private property, which is legal when the purpose of the taking is a public benefit. In this case, the Corps will not proceed until all properties’ easements are secured because gaps in the 2.6-mile stretch of the project effectively render the project all but useless: in storm events, the gaps would funnel the ocean’s rush that the dunes are intended to block, outflanking and flooding the areas behind the dunes, and potentially damaging property. The two hold-outs have contended that the easements will allow a future local or federal government to do with the dunes that they please, whether it’s building them too high, planting plants that don’t belong, or building something there–all contentions the county has assured the property owners will not happen. The county formalized its assurances. (See: “With 99.05% of Dunes Project Shoreline Secured, Flagler Extends Hold Harmless Branch in Bid to Secure Last 3 Easements.”)
The dunes, in any case, remain the property of the owners, not of the Corps. The easements only grant the Corps access to repair the dunes, and to do so periodically every 10 to 11 years, another advantage of the federal project, as the county sees it, being its 50-yaer life. During that half century, any natural disaster that would destroy any portion of the 2.6 miles would be repaired by the federal government, on the federal government’s dime. In that sense, the beach would be federalized. Put another way, it would be federally insured. Mistrust from the two property owners, however, continues. (See: “Flagler About To Sign 50-Year, $100 Million Deal to Rebuild 2.6 Miles of Dunes in Flagler Beach. It Has Only a Fraction of the Money.”)
The county has never had to resort to eminent domain in its 104-year history. It would like to keep that streak alive. “We’re small enough that there’s not a reason that we can’t deal with our property owners and try to address all of their concerns,” Hadeed said. The attorney briefed the County Commission on the Corps’ letter at a meeting this morning.
The potential deferment of federal dollars isn’t merely a loss of money and time, but a risk to Flagler Beach. Since Hurricane Matthew, the shoreline, despite being rebuilt in large part by the county (but not to the colossal standards of the Corps of Engineers), has yet again been severely eroded, and not just by passing tropical storms: Noreasters and king tides are damaging the dunes, now that the oceans are rising and erosion’s effects accelerated in consequence. That means more sand will be required in projects ahead, than the sand needs estimated just a few years ago. (See: “Almost As Bad as Hurricane Matthew: Post-Storm Survey in Flagler Reveals Substantial Loss of Dunes.”)
“Therefore the vulnerability is greater,” Hadeed said. “A lesser storm coming our way if the beach is not renourished is going to be potentially more catastrophic than otherwise would have occurred had the dunes been restored.” But he could not say when the county’s work would be completed, even if eminent domain proceedings were to start immediately, as that would depend both on how the property owners respond and on the circuit court’s schedule. It is almost certain that when the next hurricane season begins in June, the project will not be done, even assuming that the Corps does not lock it into deferred status.
Robin says
These last three easements should have been obtained by eminent domain a year ago, despite the past 104-yeat history of never having to exercise it. Now with the next big hurricane or nor’easter, the beach will corrode further. I love the beaches here but for the last two years I have been going to Ormond’s where they are deeper.
It’s a shame and could have been preventable. My sympathies to the owners of oceanfront properties.
Mark says
Good riddance! Stop trying to fight nature! Move A1A back
Anonymous says
You are so right 😊. They need to leave it alone . Or make it drivable beach access than u want have this pblm .
JohnX says
As a practical matter none if these dunes restoration efforts will work long and will just be wasting money. There isn’t enough room between the ocean and the road. What I would be in favor of is removing the boulders and letting the ocean develop the beach naturally. Might lose a road. No biggie. Let them turn John Anderson into A1A
Fredrick says
@Mark… Please pay a toll when you come beach side. Thanks.
Wow says
Have you actually been on Central Ave? When they pick up the trash, or a construction vehicle is parked, two small cars can’t pass. Add dog-walkers and bikers and you have a poor site for a highway.
CPG says
While patience is a virtue, enough is enough. The 138 owners who provided the easements, and the residents of Flagler Beach, cannot be held hostage on such an important issue by two property owners that refuse to provide easements.. The County, other officials, and FB residents have gone to Herculean efforts to explain to the two owners what the project will, and will not, entail. I appreciate that the two hold-outs have concerns about future dune replenishment actions, whether building dunes too high or planting plants that may not be aesthetically pleasing, etc. – many of us who reside in FB and on the 2.6 mile section of A1A share those concerns as well, but those concerns are moot if the dunes, and A1A, and our houses are gone.
Ron says
Board of County Commissioners once again have failed in their duties. They should have directed their staff and Attorney to act on this one year ago. You have tools in your tool box use them!
Kevin says
I agree, we have a dumb hiking bridge and NO beach. Real smart.
Jimbo99 says
3 holdouts ? How much ocean frontal section(s) is(are) that ? Is it continuous or spaced out. Can’t they work around those 3 property owners there ? Knowing who they are, I wouldn’t care if they had zero access to their property, even if it meant putting the dirt or whatever else on A1A itself. But it would be right in front of their holdout property for the entire project.
Marla says
Good for the holdouts. Horrid white/gray sand will be pumped all over the amazingly beautiful orange crushed shell that makes up the beautiful beaches of Flagler County. Although the orange does remind me of a certain someone so maybe it’s not a bad thing.
Dennis says
Maybe it’s time for the county to get off its ass and take the property. Maybe they are too busy searching to buy more worthless buildings?
HayRide says
Just seize the land, screw them for being assholes. They claim the govt. may build on the land, look at the entire coast of Flagler has anyone built on the ledge anywhere other than SnackJacks. get a grip!
Resident says
Everyone can thank those three owners when AIA washes out and moves to Central. It’s going to happen because of those fools.
Concerned resident says
The Army Corp of engineers will be taking the funds elsewhere due to lack of progress from Al Hadeed and the Flagler County Commissioners.Have been following the commission meetings for over a year and the two holdouts will not sign over their easements after much negotiations.Al
Hadeed is reluctant to pursue court proceedings thus Beach renourishment project will not happen.
capt says
Tell the U.S. Army Corps of Engineers you want to move the money to Marineland Acres where all the shoreline owners would be happy to get some type of dunes enhancement since the Flagler County Govt can’t seem to get it done.
Martin Reed says
I cannot imagine why our County Commissioners have not moved ahead with imminent domain proceedings. Do they not care that Flagler Beach is in jeopardy of losing our beach? Do they not believe in sea level rise and associated climate change? This is such a win win for Flagler County, and therefore makes no sense to explain such inaction. I would encourage all residents of Flagler Beach to contact our County Commissioners and express their concerns.
Skibum says
Come on Turtle County!!! What in the ever lovin’ world is taking so dang long to get this done??? The county needs to secure these last three easements NOW! The landowners have told the county over and over again that they do not care one iota if a severe storm completely devastates the coastal area and state highway along the shore in Flagler Beach, and it has been so frustrating and exhausting to watch this slow moving disaster scenario unfold through hurricane after hurricane in recent years. There is no more time to drag your feet, so GET MOVING and get it done!
Mike says
No shortage of excuses.
Makes me wonder who needs a payoff to get this done?
Seems Flagler area leadership is more interested in building and construction getting authorized and completed or where fireworks can be held than protecting the areas #1 area asset, our beach.
After 15 years any excuse is unacceptable in my opinion.
A Concerned Observer says
The Corps has been patient. The county has been patient. The holdouts have been only intransigent beyond all reason. I am usually not in favor of Eminent Domain but this is a textbook where it is needed and a correct route to take. END THIS NOW! Institute Eminent Domain procedures immediately! PLEASE do not wait any longer or the rest of the county and everyone depending on A1A will suffer. It is only a matter of when not if a future storm will severely damage the dunes, homes and businesses along A1A and ultimately A1A itself without immediate action.
ASF says
Why not name the hold-outs? They are holding the entire process hostage. They deserve to face the consequences of their (in)actions.
FlaglerLive says
The hold-outs have been named in previous, and linked, articles, repeatedly. They are Cynthia D’Angiolini and Leonard Surles.
Concerned Citizen says
What are we intending on doing with said information?
Exactly what consequences are folks expecting? Lot’s of demanding going here in regards to property that isn’t theirs to demand with.
Wonder how these folks would like it if their property were being taken?
Funds like this could be better used elsewhere. Because one strong Nor’Easter or a low end Hurricane is going to undo every bit of it. And then all of this angst and ire over paying for sand dug out of the ocean will be for not.
In the end mother nature will win and claim what’s hers. Meanwhile a city spent all of this time hating on their residents.
Duncan says
Are you seriously that misinformed? ..”if their property were being taken?”. The corp is not “taking” anybody’s property. They are protecting their property and the surrounding properties. The owners are just too ignorant or misinformed to know the difference.
You can’t fortify an area of the beach if there are gaping holes in the fortification. The property owners have the right to be as selfish as they want. After all, we apparently have a constitutional right to infect others around us. But, make no mistake, for whatever reason, they are punishing Flagler Beach as a whole. The beaches are what make Flagler Beach Flagler Beach – whether you live on the beach or not.
Diana FullerDiana Diana says
All of you folks who are claiming that the Corps is not taking private property are seriously misinformed. Under the constitution, eminent domain is reserved for exactly that – the taking of private property. An easement is a property right.
What you don’t understand, and what the media isn’t reporting, is that these easements grant the general public a permanent “public use “ easement to do whatever the public does on what is now private property. That’s why it’s a “taking.” The unfettered use of PRIVATE property is what gives it value. The right to exclude others is it’s most precious attribute. Privacy is the issue here – and the Corps is way out of line demanding that these holdouts give it up. No doubt they would appreciate the sand as much as anyone else. They’re just not willing to give up their invaluable privacy and control over their own property to get it.
FlaglerLive says
The commenter is misinformed. The only right provided under the easement’s provisions, to the Corps, is the right to rebuild the dunes now and every 10 years or so, or in case the dunes are washed away in a severe storm. The “taking” is no more of a taking than if, say, the City of Palm Coast were to dig up a pep tank on one’s private property and replace it. The act improves a property, it does not infringe it nor diminish its value. There are fair arguments about the value of beach renourishment, but that’s an entirely separate issue that does not involve Fifth Amendment law.
dawn says
You are absolutely correct! The owner is giving up their land “into Perpetuity”…Thats forever! We don’t live in Flagler but in another county w 82 ft of beachfront. We also refuse to sign. You will btw still owe taxes on the land that you have signed away as an easement.
ASF says
Do they actually even live in the area or do they reside elsewhere than in Flagler County?
Don says
I don’t understand why the federal government is paying for this and also guaranteeing to make repairs for years and years to come. It seems like a gift of tax payers money to private property owners. Seems like a great deal for Flagler County and the property owners. Better take advantage of the federal money while it is available. Just saying……
Beachlover says
We don’t need the beach nourishment, just let nature take the road. Problem solved, I wish the government would stop trying to take personal property and leave people alone. These people who are big on doxing people are the same ones who are trying to force an experimental gene altering therapy 0n us.
CPG says
Right. And these are the same people using space lasers to cause the California wild fires. Get your facts straight…the government does not want to take anyone’s land. Why can’t you understand that. All the corps of engineers is asking for is permission to place sand on private property to replenish the dunes.
Diana Fuller says
If what you said were true, the Corps would not be coaxing the County to use eminent domain to “TAKE” the property of the holdouts. The Corps is offering to renourishment the dunes and protect them for 50 years. The “public use” easements that it is extorting in exchange endure forever. The eminent domain “taking” will also be forever.
The law in this area is a bit complicated, but if you take the time to research it, you would find that the Corps is seriously overreaching, and the holdout homeowners are asserting a right which protects everyone. If we can lose our private property rights through what amounts to extortion by the government or peer pressure from our neighbors, we are on our way to a very dangerous place.
Concerned Citizen says
People are still missing the point.
It’s not your property to well I won’t use the word about. All of y’all are getting worked up over these people. Who for whatever reason don’t want the county or anyone else to infringe on their property. And rightfully so given this county’s track record. And as it’s their property bought and paid for it’s their right. But somehow that doesn’t matter I guess. I’m also guessing that if these easements were located anywhere else in the county this would be a non issue.
I would hazard to say most of you would feel the same way. I’ve seen it reflected in a lot of comments. “The oh no not in my back yard” But when it’s not yours it’s easy to dictate what you want done and when.