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."
OK, I don't want to start celebrating just yet, but I think we did it. Talked to Jesse and this is what he told me.
His lawyer had to be in court today so he sent an associate up. Didn't really matter who went because they weren't arguing anything or presenting any case law. Basically there to take notes.
Well, I don't think the associate is aware of the fact that so many of us are tearing our hair out and losing sleep over this, so he decides to get on a plane after the hearing without talking to anybody (Lawyers aren't known for their empathy). So Jesse got a hold of the secretary.
Anyway, this is what she told him, which he told me, which I'm telling you.
We most likely pulled this off, it looks like he's safe for now. Of course we'll never hear that it was because they were swamped with letters from all over the country, face save and all.
She said they were very opposed to eminent domain and setting this precedent. It looks like nothing is going to happen in the South Estates for quite some time because of money concerns on the Fed and State level. I believe a lot of this restoration stuff is becoming a "big dig" type of s**t sandwich.
Bottom line is their angle seems to be why proceed against Jesse when they aren't going to allocate the funds for another several years anyway, if at all.
Anyway he's going to call me in the morning as soon as he knows something. I hate to keep everyone hanging, but I'm hanging too right now.
I need to get a ping list to all the beautiful people and cream of the crop Americans on this thread. If we pulled this off - and I think we did - this is a major, major victory for us. You all should be so proud, as you're doing Gods work. Who can stand up to a salvo from the Veterans and property rights lobby on FR?
Just keep your fingers crossed. I want to hear the debrief from the attorney, and watch the 11PM News before I get too happy.
Ya'll know what I know.
IMO, the government claims to own way too much land, already. We should be pushing for them giving it to the people (it is ours, not theirs)not buying more of it up.
Homesteading is the better tradition of our heritage, not living in squalid apartments.
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