In a small corner of Tampa, Florida, there is a plot of land that was donated to the Republic of Cuba 70 years ago. It does not house an embassy, a consulate, or any diplomatic facility, but a park dedicated to José Martí.
However, its history presents an unusual situation: the Cuban government is recognized as the owner of a property in the United States, while an American city is responsible for maintaining it and federal sanctions dictate what can be done with it.
This is the Amigos de José Martí Park, located in the historic Ybor City neighborhood. Its unique legal status was acknowledged during an official session of the Tampa City Council held on October 7, 2021, when a city official confirmed that the land belonged to the Republic of Cuba and referred to it as a “blocked asset”.
The statement raises several questions: Can the Cuban Government sell a property located within the United States? Does it have the right to rent it, build on it, or change its use? Could it claim direct administration of it? And what does it really mean for U.S. land to belong to another country?
The answers do not depend solely on who is listed as the owner, but also on the federal restrictions on Cuban assets, Florida real estate laws, and the applicable municipal provisions.
A Cuban property prior to Fidel Castro
The history of the park began long before the Revolution of 1959, when Ybor City was one of the main centers of Cuban migration in the United States and a place closely linked to the independence activities of José Martí.
The land was associated with Ruperto and Paulina Pedroso, members of the Cuban community in Tampa who supported the Apostle during his visits to the city.
In 1951, Manuel Quevedo Jaureguizar and his wife, Mercedes Carillo la Guardia, acquired the property with the intention of preserving its historical significance.
Five years later, in September 1956, the couple transferred the land to the Cuban state, which was then governed by Fulgencio Batista.
The writing was certified and recorded in Hillsborough County, according to a historical investigation that examined the real estate documents related to the park.
A report published in July 2024 reconstructed this story based on findings from researchers connected to the University of South Florida.
The land is identified as lot five of block 29 in Ybor City. The donation aimed to preserve a space associated with the memory of Martí and the Cuban community that contributed to the island's independence.
The transfer took place three years before the triumph of the Cuban Revolution. However, the change of government that occurred in 1959 did not necessarily mean that the Republic of Cuba ceased to hold ownership of the assets it already possessed abroad.
Decades later, the authorities in Tampa were still acknowledging the Cuban ownership of the park.
The official confirmation: the land belongs to Cuba
One of the most significant pieces of evidence comes directly from the City of Tampa.
During the session on October 7, 2021, Councilman Charlie Miranda asked Ocea Wynn, then the administrator of Community and Neighborhood Affairs, whether the park belonged to the city or to Cuba.
The official responded that the land did not belong to Tampa, but to the Republic of Cuba.
Wynn also described it with the English expression frozen asset, which means “blocked asset.”
He explained that, although the city did not own the place, it was responsible for its maintenance because it was within the municipal boundaries.
The official minutes of the meeting capture these statements made while the council members were reviewing the condition of the park.
This establishes two facts: Tampa acknowledged Cuban ownership in 2021 and, at the same time, was carrying out maintenance work on the property.
Can the Cuban government sell the park?
The answer is that he cannot freely dispose of it through a regular sale without considering U.S. federal restrictions.
The main legal obstacle lies in the Regulations for the Control of Cuban Assets, administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
In particular, Article 515.201 of Title 31 of the Code of Federal Regulations establishes prohibitions on certain operations involving properties in which Cuba or its nationals have interests.
The restrictions include transactions and transfers of goods conducted by individuals subject to U.S. jurisdiction, unless there is an applicable authorization.
The legislation also broadly defines what constitutes a transfer of assets. Article 515.310 includes various operations capable of altering rights over a property, including sales, donations, and other acts of disposition.
Therefore, any potential sale of the land would need to be examined in accordance with those regulations.
But there is an important difference between a restricted operation and an absolutely impossible operation.
OFAC provides for general and specific licenses for certain activities that would otherwise be prohibited.
The Treasury Department itself explains on its official page regarding sanctions against Cuba that certain operations can be carried out when covered by the appropriate licenses.
Consequently, it would not be accurate to claim that the Cuban government could never sell the park under any circumstances.
What can be asserted is that a sale would be subject to federal restrictions and would require verification of whether there is any authorization permitting it.
Can you use it to build, rent, or open a business?
Ownership of a piece of land does not automatically grant the freedom to use it for any activity.
If the Cuban government intended to engage in commercial activities, lease the property, or substantially change its use, it would have to consider both the applicable federal restrictions and the state and municipal regulations regarding real estate, construction, and urban planning.
A commercial operation involving the Cuban state may fall under the transactions regulated by OFAC, depending on its characteristics and the available authorizations.
It would also be necessary to determine whether the donation deed from 1956 contains legally enforceable conditions that restrict the uses of the land.
The historical purpose of preserving a tribute to José Martí is documented, but that alone is not sufficient to conclude that any future modifications are legally prohibited.
The land is Cuban, but Tampa takes care of its upkeep
The situation becomes even more unique when examining who is actually occupying the space.
During a previous municipal session, held in 2021, Councilman Bill Carlson expressed concern about the maintenance of the José Martí Friends Park.
Carlson noted that a private entity had been managing the location since 1983 and proposed exploring the possibility of the Tampa Parks Department taking over its management.
In October of that same year, Ocea Wynn confirmed to the City Council that the city was undertaking conservation tasks and planned to continue them.
Councilman Luis Viera then defended the historical importance of the park for Cubans and Cuban Americans in Tampa.
The discussion made it clear that a particularity was present: the ownership of the property and the responsibility for its maintenance did not necessarily fall on the same institution.
Can Cuba directly claim its control?
The Cuban government could invoke its status as owner to request the recognition of the rights that legally belong to it regarding the property.
However, claiming ownership does not automatically grant permission to sell it, change its use, or engage in any economic activity related to it.
The scope of those powers depends on the registration status, U.S. real estate laws, the conditions of the donation, and applicable federal restrictions.
In the event of a dispute regarding the title or management of the land, resolving it may require administrative or judicial actions before the competent authorities.
The fact that a municipal official categorized it as "blocked asset" is an important precedent, but it does not replace an individual OFAC resolution that determines all allowed or prohibited operations regarding that property.
Is it really Cuban territory within the United States?
History has long fueled the idea that crossing the entrance to the park equates to leaving the United States and entering sovereign Cuban territory.
However, that interpretation confuses the property of a real estate with the sovereignty over the territory where it is located.
The Friends of José Martí Park is located in Tampa, within the state of Florida, and remains under U.S. jurisdiction.
That a foreign State owns a property does not alter international borders nor does it automatically turn the property into a sovereign extension of that country.
Therefore, a person visiting the park does not legally leave the United States nor are they subject to Cuban laws by crossing its entrance.
Its uniqueness is historic, real estate-related, and diplomatic, but not territorial in the sense of constituting a sovereign portion of Cuba.
Seventy years later, who decides the future of the park?
The land was handed over to the Cuban state in 1956 to preserve a place connected to José Martí.
Seven decades later, it still holds an extraordinary legal situation: an American city has recognized Cuban ownership and has taken on maintenance duties, while federal sanctions impose conditions on certain property operations.
The question about his future does not solely depend on the will of Havana.
If the Cuban government wanted to sell it, rent it, build on it, or modify its use, it would have to review the relevant authorizations and comply with applicable U.S. regulations.
And if it were to claim administrative powers that it currently does not exercise, it would be necessary to determine which rights it retains, what agreements are in place, and what legal procedures might apply.
To definitively resolve those questions, specific documents are needed: an updated property registration certificate, information about its current management, and, in the case of a specific transaction, a determination regarding the authorizations required by OFAC.
Meanwhile, the José Martí Friends Park continues to represent a curious paradox: land recognized as property of Cuba in the heart of Florida, yet subject to U.S. laws and restrictions that prevent confusing ownership with absolute control.
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