Miami-Dade County is facing legal action from Fisher Island Club and Fisher Island Community Association over its plan to seize a nearly 10-acre marine fuel depot near PortMiami. The lawsuit, filed in federal court, seeks to block the county from taking control of the site through eminent domain. The property was purchased last year by HRP Group for $180 million, with plans to redevelop it into luxury condominiums.
The Fisher Island entities argue that the county’s attempt to take over the fuel facility is unconstitutional and does not meet the requirements of public necessity under eminent domain laws. Their complaint states that Miami-Dade’s actions are motivated by “governmental convenience” for private cruise lines rather than genuine public need.
“It is an antiquated facility that is not compliant with current standards,” said James Ferraro, attorney for the club and association. “It’s time for it to go.”
The lawsuit alleges that the county has bypassed essential planning steps, such as conducting safety analyses and ensuring procedural fairness. According to court documents, the terminal stores about 28.3 million gallons of marine fuel in tanks alleged to be out of compliance with fire codes and located in a hurricane flood zone. The plaintiffs claim no adequate analysis has been provided by the county to justify extending operations at the site.
HRP Group, which specializes in redeveloping contaminated properties, closed on its purchase of the depot in October and allowed TransMontaigne Partners—longtime operators of the terminal—to continue using it until their lease expires in 2027. The Fisher Island organizations had expected this would mark the end of industrial use at the location.
“We have been counting days for that lease to terminate,” Ferraro said. “We fully expected that facility was going to be phased out.”
A development agreement between HRP and Fisher Island Club and Association included provisions for setting aside four acres for community improvements and granting memberships worth millions of dollars to future condo buyers. The association holds veto power over certain transactions involving those four acres unless specific conditions arise.
Despite these agreements, Fisher Island representatives claim they were excluded from negotiations between Miami-Dade County and HRP about the future of the property. In October, county commissioners authorized administrators to acquire the site through purchase or eminent domain after what plaintiffs describe as heavy lobbying from cruise industry interests.
With mediation deadlines now passed, Miami-Dade could file an eminent domain petition at any time. The lawsuit calls on a judge to require more rigorous analysis and transparency before any further action is taken.
The complaint frames Miami-Dade’s situation as stemming from long-term oversight failures: For more than ten years, county business plans did not address the impending expiration of its lease at Fisher Island—even though this terminal supplies most marine fuel for PortMiami’s cruise and cargo ships.
After TransMontaigne listed the property in 2024 at $200 million, Miami-Dade’s offer was rejected. According to statements attributed in court filings, Jimmy Morales—the county’s chief operating officer—admitted officials made no effort to find alternative sites prior to HRP’s purchase agreement.
In early October last year, staff identified nine potential alternatives but dismissed them without detailed studies or planning reviews. Public records cited in court indicate even some commissioners questioned whether seizing high-value private land was justified given available options elsewhere.
The plaintiffs also point out that existing documents reference possible alternatives like bringing fuel from nearby ports such as Port Everglades or building a new modern depot within PortMiami itself—proposals supported by offers reportedly made by TransMontaigne Partners.
Ferraro warned that pursuing eminent domain could result in significant costs for local taxpayers: “Taxpayers will get totally burned,” he said. “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.”
