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URGENT: DISABLED VET TO MAKE HISTORY AS FIRST FLORIDA HOMESTEAD TO BE CONFISCATED VIA EMINENT DOMAIN
The Golden Gate Gazette ^ | March 10, 2003 | Kaydee Tuff

Posted on 03/10/2003 5:26:01 AM PST by AAABEST

David will take on Goliath, Mar. 13, as Southern Golden Gate Estates property owner Jesse Hardy fights the state of Florida for 160 acres of land he has called home for 27 years.

Located in what is called the "Hole in the Donut," the property is part of the state's 55,000-acre buy-out to restore natural water flows to the SGGE, once slated for development.

Hardy says his property is not necessary to the restoration project and will not be adversely affected by it.

"I'm not against any of the environmentalists' work to re-hydrate the Southern Golden Gate Estates," he says. "I'm all for it. The more water, the happier I will be. I'm not trying to stop anything. I just want to keep my home."

The 67-year-old Florida native homesteaded the rustic property in 1976. Using propane and a gas-powered generator, he lives in a tiny wood frame home with his seven-year-old son. Despite talk of offers of up to $5 million, Hardy says he has no plans to sell his property for any price.

"Living here is what has kept me going," he says. "It's my home. I'm too old to go anywhere else."

Hardy is one of three property owners holding out on the state's quest to purchase the final 4,000 acres of the buy-out, which has cost $90 million thus far.

Last month, the governor and Cabinet were asked to initiate condemnation proceedings on Hardy's property. If approved, it would be the first time the state has ever used eminent domain to take homesteaded land. Instead, the Cabinet directed the Department of Environmental Protection land acquisition agents to negotiate with property owners.

Hardy says it won't make any difference. He has no plans to sell his property for any price.

"My attorney asked me if there is any dollar amount I would take for my property. I told him, ‘no,'" he says, "My attorney said, ‘Don't be surprised if the Cabinet grants eminent domain.' He said it will be up to me to get the information to the governor to stop it."

Hardy is hopeful area residents will show their support by writing letters asking the governor not to grant eminent domain and allow him to keep his land.

Estates resident Cindy Kemp, founding member of the Property Rights Action Committee (PRAC), says the group hopes to assist Hardy in his quest. She says PRAC has connections with other property groups across the nation and a letter writing campaign is underway.

A special gathering to meet Hardy and hear his story will be held at 2 p.m., Sunday, Mar. 9, at his property. For directions, call 352-9033.

"He has such an interesting story," Kemp says. "People need to hear it to fully understand his situation."

At an elevation of 11-13 feet, Hardy says his property will never be affected by the restoration project. He says he doesn't understand why the state is insisting on buying him out.

"It was willing buyer, willing seller," he says. "It was always willing buyer, willing seller. It was a CARL project for the benefit of the people of Collier County. If they shut it off to where people can't use it, how is that a benefit to the people of Collier County?"

Hardy says he is frustrated by a lack of reasons as to why he is being forced to sell his land.

"They haven't given me no reason for wanting me out," he says. "They made their deal with everyone else, but here it's like they want it all."

A disabled Navy SEAL, Hardy says the money doesn't matter to him.

"It's my home and it means more to me than the money. If it (condemnation) was for something useful to the public health and well-being, like a school, a fire station, or a hospital, I would move with no problem," he says.

Nearly two years ago, Collier County gave Hardy the go-ahead to build the first of four proposed 20-acre ponds to create a fish farm. Several environmental groups including the Florida Wildlife Federation and the Collier County Audubon Society originally opposed the concept, but later agreed to support the construction of one 20-acre pond. Any future excavation will have to be re-approved by the county.

Hardy has three years to complete the first pond and have it stocked and landscaped. He says the project is currently one-third complete and the fill has been purchased by the county for road building.

He says the fish in the pond are doing well and predators have not been a problem. He hopes to one day open the area up to the public for recreational fishing.

"I'm not going to do just commercial catfish," he says. "We will have three to four different kinds of native species like bass and brim. It should be a real benefit to the people of Collier County."


TOPICS: Activism/Chapters; Announcements; Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: 4thamendment; billofrights; constitution; constitutionlist; ecofascism; ecowhacks; fl; florida; fourthamendment; frenchantisemitism; land; landgrab; landgrabs; privacylist; property; propertyrights; reuters; sikhtemplefire; sovereigntylist; veterens; whatconstitution
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To: AppyPappy
So he has been offered $1.2M for the property? And his child lives in squalor?

Nice try, Your professional propaganda techniques aren't quite as good when you're rattled and don't have time to think before sticking your foot in your mouth.

First, he doesn't live in "squalor". It's beautiful there and he has a generator and a cell phone (I called him on it yesterday). He's got a refridgerator full of food and several vehicles. The only reason he doesn't have electric is because they won't run it to where he lives, which is only a stones through from where the lines end.

So now that you've proved you open your mouth without knowing anything, tell us. How much does property go for per acre where you live? Does your property provide an income of several thousand dollars a week?

Haven't you gone around here posing as a big vet supporter? I guess your gratitude ends when one is being abused by Green land-grab professionals. What do you work for these people?

Keep posting dumb things here. You're bumping the thread and announcing your blatant idiocy to the entire forum.

21 posted on 03/10/2003 6:11:16 AM PST by AAABEST
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To: AppyPappy
For some people, thier property is more important that money. Also, you claim the son is living in sqallor. Based on what evidence? Reagardless, what does thier living condition have to do with the issue? Unless the property were "unsafe" and therefore condemned, I see no reason for criticism. It's his property, he can (more or less) do with it as he sees fit.
22 posted on 03/10/2003 6:12:23 AM PST by An.American.Expatriate (Congress shall make no law ... is an absolute!)
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To: AAABEST
I mean "throw".
23 posted on 03/10/2003 6:13:08 AM PST by AAABEST
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To: PeterPrinciple
seven year old son......looks like he's got some life in him yet.

Hehe. Although Jesse does have much life in him, his son is adopted. He adopted a 7 year old disabled boy when he was 60.

As I said, he's a golden guy.

24 posted on 03/10/2003 6:14:44 AM PST by AAABEST
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To: AAABEST
This is sad. After serving our country this is what he gets? Booted out of his home? Pathetic!!!
25 posted on 03/10/2003 6:17:37 AM PST by Terriergal ("what does the LORD require..? To ACT justly and to love mercy and to walk humbly with your God. ")
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To: AAABEST
I live in rural West Georgia, 30 minutes from Atlanta to the east and 30 minutes to the Alabama line the other way.

The average price for undeveloped land here is $12,000 to $15,000 per acre. Undeveloped waterfront property probably goes for $25,000 to $30,000 an acre. To me, the $10,000 an acre was a lowball figure.

26 posted on 03/10/2003 6:19:51 AM PST by Vigilantcitizen
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To: Adescartes; adx; agincourt1415; aktab; Amore; Angelw29; annie oakley; antisocialista; ...
Florida ping.
27 posted on 03/10/2003 6:22:58 AM PST by AAABEST
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To: AAABEST
Beware burocrats with a vision. Their cruelty is boundless.

At least the state's willing to pay him. Some radical environmentalists have figured out strategies to claim private property for the state without any compensation whatsoever! And they are well funded. The individual doesn't stand a chance of defending himself and of defending his property from confiscation by the state--with NO compensation.

28 posted on 03/10/2003 6:23:38 AM PST by Savage Beast
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To: AAABEST
Hardy is one of three property owners holding out on the state's quest to purchase the final 4,000 acres of the buy-out, which has cost $90 million thus far.

This statement sums up the entire situation.

The State will not be deterred and will steam roll this poor guy and anyone else that gets in their fat bureaucratic, communist way. He should have taken the $5 million when he had the chance.

I'm all for putting up the good fight but this guy cannot win. Especially in Florida.

29 posted on 03/10/2003 6:27:46 AM PST by Bloody Sam Roberts (®)
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To: Bloody Sam Roberts
I'm all for putting up the good fight but this guy cannot win. Especially in Florida.

Actually Sam, Jeb is looking hard at this. Here is what he said:

"In the eminent domain world, [forget] everything I've said about the state purchasing land," the governor said. "This is a different animal. We need to bend over backward to find ways to accommodate people who have made life decisions. It's their property."

We have a real chance to make a difference here.

30 posted on 03/10/2003 6:31:45 AM PST by AAABEST
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To: AppyPappy
Wasn't this guy offered several million dollars for the property?

So what?

31 posted on 03/10/2003 6:37:32 AM PST by ksen (HHD)
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To: AppyPappy
And his child lives in squalor?

Where's it say that?

32 posted on 03/10/2003 6:38:20 AM PST by ksen (HHD)
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To: AAABEST
Jesse better watch it. If they find a King James Bible and a pellet gun on his property they'll start the stories about him living on a compound and abusing his poor son. Then the tanks will roll.

Am praying for Jesse.
33 posted on 03/10/2003 6:40:07 AM PST by ksen (HHD)
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To: AAABEST
Actually Sam, Jeb is looking hard at this.

I gathered that from the info in your reply #1. I've already sent off an email to the listed address. I may not be a Floridian but perhaps a touch of national exposure could help give this effort the push it needs. Good luck to Jesse.

34 posted on 03/10/2003 6:40:41 AM PST by Bloody Sam Roberts (®)
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To: AAABEST
It's their property.

Too bad other people on this board don't remember that.

35 posted on 03/10/2003 6:41:24 AM PST by ksen (HHD)
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To: sauropod
Had a similar situation in Ohio. Seems it had to go to a vote of the people before eminent domain was an option. However, city manager decided to do it on his own.

Ended up at the Supreme Court level, and they found in favor of the property owner.

36 posted on 03/10/2003 6:43:06 AM PST by mabelkitty
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To: ksen
So I don't see the urgency to save a poor disabled vet who is sitting on a $Million plus. I think this is one of those Libertarian "theory" issues.
37 posted on 03/10/2003 6:43:32 AM PST by AppyPappy (Caesar si viveret, ad remum dareris.)
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To: AppyPappy
You seem to be overly obsessed with money. Possibly you are the one living in squalor.
38 posted on 03/10/2003 6:46:14 AM PST by TonyWojo
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To: TonyWojo; AppyPappy
Possibly you are the one living in squalor.

I think you're on to something Tony. My guess is AP is that posting from communist China. They all live in squalor over there.

39 posted on 03/10/2003 6:51:17 AM PST by AAABEST
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To: AppyPappy
I think this is one of those Libertarian "theory" issues.

You mean the Libertarian "theory" of private property?

40 posted on 03/10/2003 6:52:02 AM PST by ksen (HHD)
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