Residents at Sea Place have been walking through the twin tunnels under Gulf of Mexico Drive for decades, mostly on the way to Publix, mostly without asking who actually owns the thing they're standing in. That question turned out to matter more than anyone expected. In July 2026, after nearly two years of negotiation, the Town of Longboat Key took over the tunnel from the Bay Isles Association, as Your Observer reported. A few weeks later, in August, the same association continued discussions about transferring Bay Isles Parkway, the short connector road that funnels traffic toward the Longboat Key Club gatehouse and the Shoppes of Bay Isles, as Your Observer reported.
The tunnel transfer and Parkway discussions both raise questions about how ownership affects insurance costs and responsibility for infrastructure used by the public. The association and the town have discussed transferring ownership of each asset.
The Tunnel Transfer
The tunnel came first because it was the easier case. Built in 1978 by the Arvida Corporation, the same developer responsible for a large swath of the island's south end, the twin passages were originally designed as golf cart crossings meant to connect courses on either side of Gulf of Mexico Drive. That plan never came together. The Longboat Key Club's two courses ended up roughly a mile away, too far for a golf cart trip to make sense, and the tunnel settled into a quieter second life as a pedestrian and cyclist crossing under a state highway.
Since at least 1990, under an agreement the association later had trouble locating in its own records, Bay Isles Association had been paying to maintain and insure the tunnel. By the time town staff and association representatives sat down to compare notes, nobody could produce a document proving who actually held title. The town's cleanest path forward, according to Town Attorney Maggie Mooney, was to transfer the tunnel by quit-claim deed rather than litigate an ownership question years after the fact. The Town Commission approved that donation agreement unanimously on June 29, 2026.
The handoff also had a financial dimension. The association had been spending close to $50,000 a year insuring the tunnel, on top of roughly $16,000 in annual maintenance that included pressure washing, periodic painting, and electrical upkeep. The town, once it took ownership, found the tunnel could be folded into its existing liability coverage at no additional cost. Assistant Town Manager Isaac Brownman put it plainly when describing why insuring the structure separately barely made sense in the first place.
"The premium would be a little higher than we'd like, and you would actually need to have an earthquake or a bomb to take that thing out," Brownman said. "So it may not be worth insuring it because it's a very solid structure."
That's the mechanism in miniature. A privately held asset used mostly by the public costs a homeowners association real money to insure against a risk that, structurally, barely exists. A government entity absorbs the same risk for free because it's already carrying broader coverage across everything it owns.
Insurance and Liability
The tunnel transfer also provides context for the association's discussions about Bay Isles Parkway, a road that costs far more to insure and carries far more traffic than the tunnel ever did.
As Your Observer reported, Florida law caps how much a local government has to pay out after a lawsuit involving a public asset, generally $200,000 per person and $300,000 per incident. Liability is one consideration in the ownership discussions. Association President H. Joseph Reiser offered this assessment of those discussions:
"We're not looking for shortcuts. We want this to be credible, defensible and realistic," Reiser said. "I think this is all workable."
Who Uses Bay Isles Parkway?
An engineering study commissioned by the association and conducted by Stantec found that roughly 5.3 million cars travel Bay Isles Parkway every year. Of those, 53 percent aren't headed through any of the gates that grant access to the 26 communities the association represents. They're headed to Publix, to CVS, to the handful of small businesses that anchor the Shoppes of Bay Isles, or simply cutting through on their way to Gulf of Mexico Drive.
Put another way, the road Bay Isles Association has been insuring and maintaining for fifty years is used, by a slim majority, by people who have never lived a single day inside the gates. The association is carrying full liability for a road that functions as a public thoroughfare in everything but title. That's not a complaint from residents about traffic. It's the actual argument the association has been making to the town since talks began in 2023, formalized into a proposal in 2025 and still being worked through as of this August.
The parkway also does more civic work than its half-mile length suggests. It closes the loop around Town Center Green, where the town holds its largest public gatherings. If ownership transfers, that loop becomes town property end to end.
What Changes for Residents When the Deal Closes
The framework both sides are working from, though not yet finalized, splits responsibilities in a way that's worth knowing before it becomes official. The association would keep paying for resurfacing when the road needs it and would continue funding landscaping along the parkway. The town would own the road outright and carry the insurance. Stormwater would keep draining into the Longboat Key Club golf course the same way it does now, so nothing changes there.
One practical shift residents may actually notice: enforcement. Longboat Key Police Chief Russ Mager has said that setting up something as routine as a speed trap on Bay Isles Parkway currently requires a memorandum of understanding with the association, because it's private property. Once the town owns the road, that requirement disappears. Traffic enforcement on what many islanders already consider the second-busiest road on Longboat Key, behind Gulf of Mexico Drive itself, could become more consistent simply because the ownership question is settled.
None of this is finalized. As of the August 2026 reporting, the town and association have a shared understanding of the shape of a deal but haven't signed anything.
A Separate Association Lawsuit
The road and tunnel transfers aren't the only matter before Bay Isles Association right now. A separate lawsuit, filed in late 2023 by a group of homeowners in the Bay Isles Harbor sub-association, challenges how the association calculates annual assessments across its member communities. That case was still awaiting a verdict as of early 2025 and runs on its own timeline, unconnected to the tunnel or parkway negotiations.
For a resident, the practical takeaway isn't complicated. The tunnel is settled. The parkway isn't yet, though it's likely headed the same direction.
If you're thinking through what any of this means for a property near the parkway, inside the gates, or anywhere else on Longboat Key, Bruce Myer Group would be glad to talk with you about your real estate plans.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
