Miami-Dade County is facing a legal challenge from Fisher Island Club and Fisher Island Community Association over its plan to seize a marine fuel depot through eminent domain. The county wants to secure the nearly 10-acre site, which was purchased last year by Chicago-based HRP Group for $180 million, as a way to maintain fuel supplies for cruise ships at PortMiami. HRP has plans to redevelop the property into luxury condominiums.
The lawsuit, filed in Miami federal court, claims that Miami-Dade’s attempt to take the property violates constitutional protections and eminent domain laws. The complaint alleges that the county’s actions are motivated by “governmental convenience” for private cruise lines rather than true public necessity. It also accuses the county of failing to conduct proper planning or safety analysis.
James Ferraro, attorney for the club and association, stated: “It is an antiquated facility that is not compliant with current standards. It’s time for it to go.” He added, “We have been counting days for that lease to terminate. We fully expected that facility was going to be phased out.” Ferraro further warned about financial implications: “Taxpayers will get totally burned. It is going to cost a lot of money to buy it … and then the county will need to replace the facility. That requires taking the old one down and building a new one. They are going to be spending maybe $500 million.”
The depot has long served as a fuel source for PortMiami’s cruise and cargo ships and is located close to residential areas and an elementary school on Fisher Island. Plaintiffs argue that storage tanks at the terminal do not meet current fire codes and are located in a hurricane flood zone.
Negotiations between HRP, Miami-Dade County, and Fisher Island organizations have been ongoing since HRP acquired the site in October. According to the lawsuit, HRP agreed with local groups on a development plan that would dedicate part of the property for community improvements in exchange for support on government approvals.
However, Fisher Island Club and its association claim they were excluded from critical talks between Miami-Dade officials and HRP regarding the property’s future after commissioners authorized acquisition of the site “by purchase or eminent domain.” The complaint states that these negotiations took place following pressure from cruise industry stakeholders.
The lawsuit highlights concerns over due process and argues that Miami-Dade failed to consider alternatives thoroughly before pursuing condemnation of the property. It notes that when TransMontaigne Partners listed the site in 2024 with an asking price of $200 million, Miami-Dade made an unsuccessful offer but did not pursue other options until late in negotiations.
Commissioners themselves reportedly expressed reservations about using eminent domain during public meetings last fall. Commission Chairman Anthony Rodriguez Jr. questioned why such action was being considered in what he described as “the most expensive ZIP code in the country,” while Commissioner Danielle Cohen-Higgins raised concerns about timing and lack of notice.
Plaintiffs contend there are feasible alternatives available—such as sourcing fuel from nearby ports like Port Everglades or constructing a modern depot at PortMiami—that could avoid seizing land on Fisher Island.
A spokesperson for Miami-Dade County Attorney’s Office declined comment on pending litigation, while HRP Group did not respond to requests for comment.
