On September 17, 2025, the Circuit Court of Monroe County issued a Final Judgment in favor of Monroe County in the Bay Harbor Drive right-of-way (ROW) case — a significant win for public shoreline access in Key Largo.
In the ruling, Judge Timothy Koenig determined that Monroe County did not abandon the property and that the dedication allows for uses beyond a roadway, meaning the public’s right to enjoy the shoreline remains protected.
This outcome reinforces a critical principle that the Surfrider Foundation Florida Keys Chapter has long championed: our public waterfronts belong to everyone.
Why This Matters:
The disputed property at the end of Bay Harbor Drive and Sunset Road in Tavernier provides one of the few remaining public access points to Florida Bay in northern Key Largo. Local residents and visitors have long used this area for recreation and connection to the water — a tradition that’s been increasingly threatened across the Keys as access points disappear.
In the most recent case, adjacent private property owners sought to claim ownership of the right-of-way by arguing that Monroe County had abandoned it. Monroe County defended its rightful ownership of the property and the uses of the property under its dedication. Ruling against the private property owners, the Court found that the County has continued to maintain the property and that its public use for recreation and shoreline access falls within the “proper purposes” of the original dedication.
What’s Next:
While this is an important victory for public access, the plaintiffs may still choose to appeal the decision. Surfrider Foundation’s Florida Keys Chapter will continue to monitor any developments and remain actively engaged to ensure this — and other public beach and shoreline access points — stay open and protected for everyone.
We want to extend our appreciation to the community members, advocates, and Monroe County representatives who stood up for public rights throughout this process. Your voices make a difference.
To learn more about how this issue began and our engagement, read our earlier posts:
- Protect Public Beach Access in Key Largo
- Letter to the Editor: Protect Public Beach Access in Key Largo
If you are interested in getting involved with the Surfrider Keys Chapter, you can learn more here!