Gulfport City Council gives strip of public land along Clam Bayou to private homeowners

Gulfport City Council members approved a request from three homeowners to grant them ownership of a strip of public land during the council's Tuesday night meeting in Pinellas County

The 50-foot strip of land, located between 44th Street South and Quincy Street South, was designated as public property more than 100 years ago.

The city closed access to the land, partially covered by mangroves and swamp, a year ago. It had been used as an unofficial kayak and paddleboard launch, but also a place where people dumped trash and caused erosion. 

Signs and fence block right-of-way land in Gulfport

Gulfport Community Development Director Fred Metcalf said the uses were minimal. The area was hard to access and didn't serve enough good for the city to maintain it. So they closed it off.

"It’s full of mangroves and at high tide, you can’t even access it," Metcalf said.

Metcalf said there will be conditions regarding how the land is used and maintained by those three neighbors whose property it now is.

Property owned by Gulfport possibly to be transferred to homeowners

But they have opposition; 27 people have signed a petition telling the city to maintain ownership of the property. 

"My neighbors cannot stand idly by and watch this happen," said Paul Herman, who lives nearby. "They [the city] have an obligation to the public and we’re going to hold them to it."

Gulfport residents near Clam Bayou could receive land currently owned by city

Herman said he has spearheaded the campaign for his neighbors to fight a possible land transfer. 

"It’s our property, the citizens of Gulfport," neighbor Doyle Bunch said.

Bunch, Herman and others question whether the city is even allowed to make the transfer.

Emily Lumsden is one of three residents asking for ownership of the land. She said the land was "promised" to her when she bought her property.

Dead End sign in Gulfport near Clam Bayou

"It was not my intention to come after this land," she said. "I am literally protecting the way that it has been for 110 years and the way that it was, and it was promised to me when I bought it."

Lumsden said city leaders told her at the time of purchase that the property was rarely used.

But Herman said the city’s charter requires a referendum in order for the city to transfer the land to Lumsden and the two other neighbors. 

According to the city’s charter, "No real property interest held by the city, as of the date of the adoption of this Charter revision, which provides park, beach or recreational lands or beach access or submerged lands, shall be sold, traded, given away, vacated, or alienated in any way, except after a referendum approval of the city's electorate."

"My stance is, this is public held land and it shouldn’t be given away by a council," Gulfport City Councilman Paul Ray said. "I think it should be given away by the people who own it."

He was referring to the citizens of Gulfport.

Councilman Ray said he believes the city charter requires the city to let the electorate vote on whether to transfer the property. 

"My belief is the charter is pretty specific, in my mind, and that means it needs to go to referendum. Let the people decide one way or another," he said.

Community Development Director Metcalf, though, said the charter doesn’t apply to this piece of property because it was designated as a roadway more than 100 years ago. He said it was never used or maintained, though. 

Councilman Ray said city leaders have to give the petitioners due process, and that’s what they’re doing during Tuesday night's meeting. He said if the majority of council votes to vacate the land, he’ll stand by that decision, but he personally thinks it should go to a referendum.

Ray and Councilwoman April Thanos were the only two who voted against transferring the land in a 3-2 vote. 

Herman is also suing the city to reopen the right-of-way and said he’ll challenge Tuesday’s decision.