Posted on 05/27/2004 1:18:17 PM PDT by summer
Hardy says he didn't OK any deal with state
By MICHAEL PELTIER, mpeltier1234@comcast.net
May 27, 2004
TALLAHASSEE — An outraged Jesse Hardy said Wednesday he hasn't agreed to any proposal that would allow state officials to condemn his land by the end of August if he doesn't reach a deal in his standoff over Everglades restoration.
A day after Gov. Jeb Bush and Florida Cabinet members signed off on an agreement they were told had Hardy's blessing, the 68-year-old Southern Golden Gate Estates resident said that isn't the case.
Hardy said what he thought he had approved was a letter from his attorney asking for the Cabinet to defer a vote on his case because of his ill health.
Instead, Hardy said, Cabinet members were erroneously told in a letter that he agreed to a deal that not only requires him to negotiate or face condemnation, but also waives a state Department of Environmental Protection rule that prohibits condemnation without his written approval.
"I didn't authorize that letter," Hardy said Wednesday. "I didn't authorize nothing."
A key DEP official and an attorney whose firm has represented Hardy said Wednesday that he was kept in the loop.
Department staff members were about to recommend that another deferral not be granted and that condemnation proceedings begin immediately. Instead, they came up with a compromise that would give Hardy more time to negotiate a potential land swap with other property owners in the region.
Hardy was made aware of what was occurring during a flurry of phone calls made to him late Monday afternoon and Tuesday morning shortly before the Cabinet vote, they said,
"This was a staff recommendation that was in part based on that response but was also an attempt to get this thing moving and get closure one way or the other," said Eva Armstrong, DEP director of state lands. "Our main goal is when (restoration) Phase II gets ready to get going in the spring, we've got Mr. Hardy settled one way or the other, preferably on another piece of property."
State environmental officials referred Tuesday to Hardy's property as the "hole in the doughnut" of more than 19,000 parcels that have been purchased by the state to make way for Everglades restoration. During the past several years, the state has purchased nearly 55,000 acres from property owners, many of whom sold based on the threat of condemnation.
The project calls for filling canals, removing roads and pumping water into the region, providing renourishing water for the Fakahatchee Strand State Preserve, Ten Thousand Islands and future drinking water for Naples.
The state has made numerous offers to Hardy. The first was $712,000 in October 2002. The latest offer topped $4.4 million.
In April, the Cabinet took a different approach by directing DEP to work with Hardy on other options that could keep him on his homestead or nearby. Proposals included placing a dike around his property, pumping water out and a land swap.
Last week, the DEP circulated a map labeled "Potential Exchange Parcels" that shows five parcels — one south of Interstate 75 and four north of I-75 — that may be available as potential relocation sites.
On Friday, Hardy had a telephone conference with Bill Moore, his lead attorney in case, and another attorney. Moore at that time said he would send a letter to DEP's Armstrong, urging another deferral based on Hardy's ill health and his inability to negotiate.
But Armstrong said Wednesday that Cabinet officials didn't want to defer the item again. Instead, they worked up an arrangement whereby the state would be given the authority to condemn Hardy's property, but not until July 1.
Monday afternoon, Hardy got a call from attorney Gregory Rix, a colleague of Moore. Because Moore was in court and unavailable, Rix updated Hardy on the new situation. He spoke to Hardy again Tuesday morning.
"The Cabinet made it very clear that they would not be granting any more deferrals," Rix said. "Given that position, we agreed to concur with DEP that condemnation should be granted but on a deferred basis."
Speaking Wednesday, Hardy said he was still under the impression that his lawyers were seeking a simple deferral.
"I didn't authorize that letter. I didn't tell him to write that letter," Hardy said. "If (Rix) assumed that, he assumed that on his own. I was under the assumption that it was Mr. Moore's letter that he was talking about."
Hardy also said he will continue to fight, calling on his supporters to again rally to his cause. Hardy shares a modest home with Tara Hilton, a member of a family Hardy befriended in Miami, and her 8-year-old son, Tommy, whom Hardy has raised like his own son.
"I have a very sick little boy and I have cancer," Hardy said. "I have no electricity because my generator is on the blink. I'm sitting here in the heat and have all these people hollering at me to get off my land, where I've lived for 32 years."
FYI. An update, if you will.
Gee, too bad our protest got killed!
You lost me there - I think it was just revived, according to Jesse's statements at the end of this latest article.
I think Jesse is on the radio right now. I am really curious what went on here. These two reported "results" (yesterday & today) couldn't be more different.
You may have forgotten but I haven't.
I am not sure what you mean, but - I am really wondering what in the world happened here???
"But, you know, I would prefer not getting pinged about this protest as I think I made myself clear - you are protesting the wrong topic, IMO. Good luck to you though."
---Summer, post#31"LOl...thanks, but there is another thread and another thread and another thread, and I have been through this -- I think FL needs the water provided by the Everglades Restoration. AAABEST and Henry Lamb say the h*ll with everyone else in SW FL, these people, drought or no drought, are staying put in their homes. GOod luck is all I can say, since the rest of the county and the state wants the water, and the got has ever right to take private property and get the water to the people. Had this group decided to protest the fact they may lose so much money that they can not stay in the community, I would have supported them, and I think Gov Bush would be interested too, but that is my opinion and not a fact. However, my repeated posts fell on deaf ears and earned me some nasty comments. No problem. I tried. Good luck!"
---Summer, post#32
I could go on but I think I made my point.
What does it matter to you? By your previous posts it is obvious that you think all these people should just get out of the state's way so the other people can have the water.
BTW, I, too, could go on, but I think I made my point.
You're right - just because I live in FL it shouldn't matter at all to me. What does it matter to you? Do you even live in this state? Or this area?
No but you pinged me to this thread. I am currently fighting my own battles with a state legislature and a popular "R" governor who is going to destroy what is left of private property rights by turning the entire Sierra Nevada Mountains into a Conservancy with no local oversight. They are also passing an invasive species bill that will give them control over what ever private property is left after the ESA is through with the land owner.
CA freepers, RED ALERT Thread 2
Course our prior warnings were met with the same rhetoric you spouted about how important that R was behind his name.
Anyone else care to add their two cents?
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