A yearslong Siesta Key property fight may finally be ending.
Michael Holderness, principal of Siesta Beach Lots LLC, said Aug. 16 that he anticipates closing a property exchange with Sarasota County around the middle of September, potentially resolving years of litigation and disputes over privately owned beachfront property near Beach Access 3.
At press time, the Sarasota County Commission was scheduled to consider a resolution formally authorizing the exchange Aug. 25, after this edition’s deadline. The county has begun publishing notices of the proposed exchange as required under Florida law.
“It’s all been approved,” Holderness said, characterizing the remaining commission action as a procedural formality required to complete the exchange.
Florida Statute 125.37 requires the terms of a proposed county property exchange to be published once a week for at least two weeks before commissioners adopt a resolution authorizing it.
The land swap grew out of a much longer dispute between Holderness and Sarasota County over public use of privately owned beachfront land near Beach Access 3. Siesta Beach Lots filed a federal lawsuit against the county in 2024, alleging the county had encouraged public use of the private property and interfered with efforts to prevent beachgoers from using it.
A settlement eventually emerged that would give the county ownership of beachfront property near the access in exchange for county-owned land at 162 Beach Road and a cash payment.
Under the revised settlement approved July 7, Sarasota County would convey Lot 12 at 162 Beach Road, which the county purchased for $1.4 million in 2017 using Neighborhood Parkland Acquisition Program funds. Siesta Beach Lots would convey Lots 15, 16 and 17 near Beach Access 3 to the county.
Lot 26, which had been included in an earlier version of the agreement, was removed after questions arose over whether Beach Lots could provide marketable title to the parcel. Commissioners also reduced the county’s payment from $500,000 to $400,000.
The use of NPP property became one of the central concerns surrounding the exchange.
Commissioner Mark Smith, whose district includes northern Siesta Key, opposed transferring the Beach Road property, arguing that land purchased through the voter-approved parkland program should remain in public ownership. Questions were also raised about whether property acquired through the program could legally be exchanged.
County Attorney Joshua Moye told commissioners during the July 7 discussion that the county was legally permitted to make the exchange, noting that previous boards had disposed of property acquired for NPP purposes and that state law gives commissioners authority to dispose of or exchange county property.
Holderness said he also asked his own attorney, David Smolker, to independently examine the parkland issue.
“I want you to do a deep dive into the parklands to make sure we’re not missing something,” Holderness recalled telling him. Holderness said Smolker reached the same conclusion — that the county was permitted to exchange the property.
For Holderness, completion of the exchange would shift the focus from ownership disputes to what can be done with the property once it is under county control.
“Then it becomes a public park with park and rec rules,” he said. “And then I can start lobbying them for a lifeguard.”
Holderness said lifeguard coverage is one of his priorities for the site. He would also like to see the county strengthen the dune system through plantings of sea oats, railroad vine and other vegetation.
He said dunes in the area had reached about 8 feet before the storms and that he believes they helped protect nearby properties from storm surge. Public ownership, he said, would give the county greater ability to restore and maintain the area. Holderness would also eventually like to see a dune walkover installed so vegetation could extend across the beach access rather than leaving an opening through the dune system.
“If you can just keep those sea oats growing on right on over, man, it would be a lot of great protection for that beach,” Holderness said, adding that established dunes could also help prevent sand from blowing into nearby streets and storm drains.
Holderness also hopes to hold a community gathering after the closing in connection with a memorial honoring his mother, Judy Holderness.
After years of litigation, negotiations and public debate, Holderness said he believes the agreement has been thoroughly examined.
“I don’t think there’s been another deal that the county’s done that’s had so much scrutiny,” he said.






