In 1998, a family instrumental in settling the Englewood area donated more than 190 acres of waterfront and conservation land to Sarasota County—properties that now anchor several parks and preserves along Lemon Bay. One of those deeds, conveying a strip of mangrove-covered shoreline on Bay Shore Drive, is now the focus of a push by County Commissioner Ron Cutsinger to vacate a public right-of-way, declare the land surplus, and authorize its private sale to him and his neighbors.
Despite acknowledging a conflict and abstaining from a 2024 vote, Cutsinger is actively urging the county to abandon all rights to the environmentally sensitive land and allow it to be sold to adjacent property owners. Public records show Cutsinger bought and sold several parcels in the affected area after county staff were given direction to move forward with the proposal.
For more than a year, Cutsinger argued the donated land was a wild deed done in “spite” to block views of Lemon Bay and prevent the construction of docks across the mangroves. A wild deed is a legal term used to describe a recorded deed unconnected to the official chain of title.
James Hiller Hardie—one of the family members who signed the deeds gifting the land to the county—disputes Cutsinger’s assertions. “Absolutely not,” said Hardie in response to Cutsinger’s claim that the land gifts were done out of spite. “My parents and family all have a very conservation-oriented perspective. We did what we could to preserve open land for what would otherwise have been developed into condos.”
A challenged deed
The Hardie family acquired property in Sarasota County after World War I. “In 1916 my great grandfather bought several pieces of property in and around Venice and Englewood,” Hardie said. The Manasota Waterfront Corporation—established in 1928 by the family—and its heirs held title to the properties until 1998. As generations unfolded, the family wanted to keep the land preserved.
Three deeds were recorded on the same day in April 1998 by the Hardie family gifting land to Sarasota County, including the parcels west of Bay Shore Drive. The other two deeds transferred approximately 192 acres of waterfront and conservation-priority land that today comprise parts of public parks and preserves managed by the county.
All three deeds—including the one Cutsinger disputes—were prepared by William T. Harrison, Jr., one of the founding partners of Williams Parker, Sarasota’s oldest and most prestigious law firm. The deeds were witnessed, notarized, and recorded in the official records of Sarasota County.
Cutsinger’s odyssey to unwind one deed started years ago when he served on the Planning Commission. In 2022—after Cutsinger became a commissioner—County Administrator Jonathan Lewis asked commissioners for direction to investigate how the county-owned property west of Bay Shore Drive was acquired and its designation as open-use conservation.
In March 2024, the issue returned to the County Commission following a detailed staff report. The report does not refer to the two additional deeds that conveyed pristine wetlands to Sarasota County on the same day as the deed challenged by Cutsinger. The staff report noted several policies in Sarasota County’s Comprehensive Plan that discourage the privatization of waterfront land and the loss of environmental buffers:
- Parks Policy 1.1.12: Prohibits vacating rights-of-way that provide shoreline access.
- Environmental Policy 1.3.9: Mandates protection of mangroves to the fullest extent allowed by law.
- Environmental Policy 4.4.3: Supports the Lemon Bay Aquatic Preserve Management Plan.
- Policy 4.6.2: Directs boating activity away from sensitive habitats.
Cutsinger-guided process
In March 2024, the process moved forward after Cutsinger drafted a motion and passed it to then-Commissioner Mike Moran to read. “I can actually frame the motion, but I can’t make it,” Cutsinger said during the meeting.
But things went awry as Moran read the Cutsinger-drafted motion. Cutsinger interrupted Moran: “Can you rephrase that. I handed you the wrong one.” Moran then said “Clerk, scratch that. Scratch everything I just said.” Moran then read a different motion, which passed 4-0.
Two weeks later, Cutsinger sold two adjoining parcels, one which fronts Bay Shore Drive, for a recorded price of $1.75 million. A month after that, he purchased two additional parcels at 1704 Lemon Avenue next to his previous holdings for $675,000. Aerial imagery and property maps indicate that dense mangrove habitat lies west of Cutsinger’s newly acquired land—an area he stands to gain if the county moves forward with vacating the right-of-way and declaring it surplus.
A review by the Florida Trident located the two deeds in the Clerk’s official online records by searching for the name of the individual who signed on behalf of Manasota Waterfront Corporation—the deed Cutsinger contests as being spiteful.
When contacted by the Trident, Hardie was offended by Cutsinger’s accusation. “The family’s intent was clear this was for conservation. Anybody that says otherwise doesn’t understand.” No one from the county contacted any member of the Hardie family to ask them about their intent in deeding the land. “This smells,” Hardie said.
Cutsinger said he was unaware of the two deeds by the Hardie family gifting 190 acres that now comprise much of the nature preserve at South Lemon Bay Preserve and portions of Lemon Bay Park further south. Asked whether he still thought the remaining deed recorded on the same day was done out of spite, Cutsinger said “I regret saying that. Obviously, more information is better.” But at the March 2024 commission meeting, Cutsinger claimed “no one in the county knows more about Bay Shore Drive than me, I promise you.”
Cutsinger continues to claim that the deed was improper, describing the 1998 events as a mystery. “They can’t convey land that didn’t exist.” He acknowledges the mangroves west of the platted road exist as of today, but disputes that the original plat shows the land.
Notwithstanding Cutsinger’s claims, the county attorney determined the deed complied with state law and properly conveyed the property to the county.
Environmental Concerns
Dr. Abbey Tyrna, Executive Director at Suncoast Waterkeeper, said mangroves play a vital role in Florida’s ecosystem, including serving as a habitat for native fisheries, protecting seagrass, and acting as a buffer from tropical storms. Mangroves also capture significant amounts of carbon.
“80% of our native fisheries start in mangroves. We need more mangroves not less,” said Tyrna. “Anytime the county reduces mangrove area it takes away the ecosystem we all rely on, whether it’s fishing, eating fish, being safer when tropical systems approach, holding in the land, and protecting seagrass for a host of species.” Tyrna also noted the presence of manatees in the Lemon Bay area.
Former county commissioner Jon Thaxton, Director of Policy & Advocacy at Gulf Coast Community Foundation, also emphasized the importance of mangroves. “Mangrove coastlines are considered one of the most valuable habitats on the planet. They remove pollutants from the water including harmful nutrients that feed red tide. Mangroves also provide habitat for over 1,500 species including birds, shellfish, and popular game fish such as tarpon, snook, redfish and trout.”
Thaxton said the annual economic value of mangrove habitats is estimated to be up to $360,000 per acre.
Next steps
On Tuesday, Sarasota County commissioners will decide whether to advance plans to declare the mangrove-covered county land as surplus and authorize its sale to Cutsinger and his neighbors.
The action would move the proposal into the next phase—vacating the public right-of-way and rezoning the land for residential use. If approved, the change would grant Cutsinger and neighboring property owners the ability to trim mangroves and apply for dock permits. The rezoning could also enable more intensive waterfront development by increasing lot sizes through the addition of former county-owned land.
About the Author: Michael Barfield focuses on the enforcement of open government laws. He serves as an investigative reporter for the Florida Trident and Director of Public Access at the Florida Center for Government Accountability. He regularly assists journalists across the country with collecting information and publishing news reports obtained from public records and other sources.