The Florida anchoring and mooring debate continues, as state legislators try to determine whether waterfront homeowners have any right to the public, navigable waters adjacent to their properties. Here's an interesting switch: What if someone owned land under the water, but not any of the adjacent "dry" property? What would they be allowed to build on it?

Think this is just an academic exercise? It is reality for Erika & Achim Ginsberg-Klemmt and their watery 3 acres off Sarasota Bay near ICW Mile 74.

Nearly all "submerged land" under navigable waterways in Florida is owned by the state, but some exceptions exist – and such is the property owned by the Ginsberg-Klemmts that they call "Bickels Bayou" – just north of the Ringling Causeway amidst a hotel, condominiums and commercial property.

The couple cruised for 14 years on their sailboat, the Pangaea...the later years with their young children. They are also co-authors of The Complete Anchoring Handbook (McGraw-Hill 2007). After settling down in Sarasota, they found an opportunity to purchase the parcel of submerged land that had been in private ownership for over 100 years, but with no "dry" land adjoining the submerged area.

For years they have offered the anchorage to any cruisers who need a spot to drop the hook (previously named "SRQ-de-Soleil Anchorage"). "We just want to pass on the gracious hospitality we have received from many people in the many countries we have traveled all over the world" said Achim. Since it is private property, anchoring ordinances – including those derived from the FWC Anchoring/Mooring Pilot Program in Sarasota – do not apply.

They had long dreamed of owning a boat docking facility, and devised an interesting plan for the north and south edge of their new property – a "slip" style mooring system using pilings only – which would accommodate 9 cruising-size vessels (see graphic). They applied for, and were granted, an Environmental Resource Permit from the Florida Dept. of Environmental Protection, and a U.S. Army Corps of Engineers mooring field permit.

But their land-lubber neighbors do not like the idea.

"We have found ourselves as defendants in several lawsuits filed by the City and County of Sarasota, Lawrence Pointe Condominium, SLAB LLC (run by the family who owns the Ritz-Carlton hotel), and Quay Ventures (Greenpointe Holdings – now owners of the vacant Quay parcel), said Achim. "None of these entities seem to accept the idea of having a small business in this haughty downtown neighborhood, and they are all throwing everything and the kitchen sink at us to thwart our proposed projects."

The lawsuits claim that the project affects the riparian rights of the owners of upland property, "including ingress and egress rights, navigation rights in the waterway from the inlet to Sarasota Bay, and an unobstructed view," according to the filed complaints. They also cite concerns about improper waste and sewage disposal.

A suit was also filed by Lawrence Pointe Condominium Association, demanding that the couple's boat be removed from the dock adjoining its property. The couple contends that, since the dock is on their own parcel, it's theirs.

The Ginsberg-Klemmts are still in an ownership dispute over one of the parcels – the last section of a small canal that serves as an outflow for the area's storm sewer system – with an emphasis on the "ew." "If Sarasota has an a--hole, we own it," said Achim to the Sarasota News Leader, citing the trash and high fecal coliform levels of the water flowing out into the basin and Sarasota Bay. The Ginsberg-Klemmts have held up a project to dredge the canal, fearing that the water quality of the outflow could become even worse. The City of Sarasota and Sarasota County are both suing the couple, claiming that they don't own part of the ditch.

The Ginsberg-Klemmts welcome all cruisers to use the anchorage. "But we can't guarantee that someone won't complain," warns Erika, who understands the anchoring rights issues all too well from their travels.

Here are details about the anchorage:

"The access channel has a controlling depth of about 6ft at low tide. If you are approaching from the Ringling Bridge, do not turn east directly after the bridge. You will find the deepest water if you approach from the ICW directly eastward towards the Quay basin. Our private anchorage area provides great shelter from strong Northerly storms and has 9ft depth at low tide in many places. Please leave enough space in the central channel for other boats who would like to enter the docking facilities at the Hyatt Hotel. Vessels with lower draft should be so kind and leave the deeper areas for our friends with deeper keels. Please don't hog the whole place for yourself! 

"Dinghy access to the anchored vessels from a southerly direction can be accomplished directly from the Ringling Bridge Causeway Park North of Hart Landing, the public boat ramp at 10th Street to the North of the anchorage or from the Sailing Squadron for those with the fastest dinghies.

"Please use the free pump-out facilities at Marina Jack's Fuel Dock and do not trespass on the adjacent condominium properties. Anchor light regulations at night will be enforced. Enjoy and drop us an email if you have any questions.

Here are some links to articles and a Youtube link to the Ginsberg-Klemmt's presentation before the Sarasota County Commission:

Trial ends in dispute over submerged land off Ritz, 888 Condo and Quay
Couple fights zoning regulations
Quay development threatened by fight over sliver of ditch
YouTube: Erika and Achim Ginsberg-Klemmt @ Sarasota Commissioners Meeting, 10/23/2013
Property owner battles dredging project upstream of his anchorage

The couple also owns 700' of unbuildable waterfront adjacent to Siesta Key Anchorage West of G 79, and offers anchoring cruisers dinghy access to the shore – more on that later.