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Will he be forced out? (Disabled Vet's homestead to be first in FL history taken by eminent domain)
The Golden Gate Gazette ^ | Kaydee Tuff

Posted on 04/01/2004 5:33:23 AM PST by AAABEST

Jesse Hardy's fight to keep his 160 acres in the Southern Golden Gate Estates will return to Tallahassee, Apr. 13, for a final hearing before the Florida Cabinet.

"It's possible the Cabinet could defer it again, but we're confident they will approve eminent domain," says Kathalyn Gaither, land acquisition public information officer for the Department of Environmental Protection (DEP).

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 Southern Golden Gate Estates (SGGE), once slated for development.

Hardy has owned the property for 28 years. He is the last of thousands of individual property owners whose land was targeted for the Picayune Strand State Forest. What began as a willing seller program turned into condemnation when the project was tied to the $100 million Everglades water restoration project in the late 1990s.

If the state condemns Hardy's land, it will be the first time in Florida history that a homesteaded property has been taken for environmental purposes.

Gaither says if Hardy does not take the $1.5 million offer that's on the table, the selling price will go back to the state's original offer of $909,158 if the Cabinet and Governor approve eminent domain.

The 67-year-old Florida native says he doesn't care - the property is not for sale at any price. A disabled Navy SEAL who has never lived an easy life, he says he's not interested in a condo on the beach or living in an urban setting.

"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.

Although he is skeptical of the success of portions of the rehydration plan, Hardy maintains he supports the project. He says his land is not necessary to the restoration project and he will not be adversely affected by it.

"I'm not against any of the environmentalists' work to rehydrate the Southern Golden Gate Estates," he says. "I'm all for it. I just want to keep my home."

Gaither says Hardy's land is necessary to the project.

"The South Florida Water Management District has conducted modeling that shows that even if there is no flooding on his property, there will be no roads and there will be demolition all around him, posing safety concerns," she says.

Hardy, who once sold real estate for Golden Gate Estates' developer Gulf American Corporation (GAC), homesteaded his rustic property in 1976. With the exception of an excavation pond underway, the property looks very much the same today as it did 28 years ago.

Using propane and a gas-powered generator, he lives in a tiny wood frame home with a friend he took in and her handicapped eight-year-old son.

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

Hardy continues to hold out. One year ago, the governor and Cabinet were asked to initiate condemnation proceedings on his property. Instead, they instructed DEP land acquisition agents to continue to try to negotiate a deal.

Hardy and Gaither both agree that no progress has been made over the past year.

"If I let them get away with it, and they take my home for environmental reasons, then every homeowner in the state of Florida will be in jeopardy," he says. "There's nothing to restore on my land - nothing but pine and Sabal palm. It's my home - it's just that simple - and I won't give it up. I will fight to the very end. I will spend every nickel I've got and can get to fight this."

Hardy will not be attending the hearing in Tallahassee, but will be represented by his attorney. He says it is too emotional of an issue for him. He is also undergoing cancer treatment after having been diagnosed with the disease in November.

He is hopeful area residents will show their support by writing letters asking the governor not to grant the DEP 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 fully backs Hardy. The group created and is distributing brochures on his plight and is promoting his cause through a song, "The Ballad of Jesse Hardy," written by a friend of Hardy and sung by Estates resident Bill Lhota.

"It's not right what they're doing to Jesse," she says. "We're hoping residents will understand how this ultimately affects them and their Constitutional rights."

Hardy hired an engineer to complete a study that shows the elevation of his property at 12 feet. At that height, he says his property will never be affected by the restoration project and he doesn't understand why the state is insisting on buying him out.

Nearly three years ago, Collier County gave Hardy the go-ahead to build the first of four proposed 20-acre ponds to create a fish farm, which he would like to one day open to the public for recreational fishing.

Several environmental groups including the Florida Wildlife Federation and the Collier County Audubon Society opposed the concept, but agreed to support the construction of one 20-acre pond. Any future excavation will have to be re-approved by the county this spring.

In that time, Hardy says he has dug about seven of the 20 acres of the pond. He has also completed and stocked a smaller pond, which he uses to gauge water quality and predator issues. Fill from excavation of the ponds has been purchased by the county for road building.

Hardy says his dream is to one day open his piece of paradise up to the public to fish the ponds and enjoy what he has loved for 27 years.

DEP officials say that dream is unlikely. Gaither says once eminent domain is approved, it will take six months to a year to find Hardy a place to live.

"I've already got a place to live," Hardy says. "They can look all they want - they'll never find another place like this. It's my home and there's no other place like it."

To contact the Governor email jeb.bush@myflorida.com, call 850-488-4441 or fax 850-487-0801.


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To: AAABEST
You're a FINE messenger! Thanks for CARING!
81 posted on 04/01/2004 10:45:44 AM PST by Vets_Husband_and_Wife (A $15 a month donation is a lot cheaper than our crappy liberal newspaper is each month!)
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To: dorben
To: B4Ranch; AAABEST

Bump for knowledge .

Some info instead of the AAA demonizing lies would be nice.

82 posted on 04/01/2004 10:46:38 AM PST by cinFLA
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To: Vets_Husband_and_Wife
You're a FINE messenger!

You forgot the < /sarcasm >

83 posted on 04/01/2004 10:47:42 AM PST by cinFLA
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To: csivils
These clowns are not conservative, they are just demented shills.
84 posted on 04/01/2004 10:52:10 AM PST by the gillman@blacklagoon.com
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To: B4Ranch
Money is more important to him than other people's rights.
85 posted on 04/01/2004 10:53:14 AM PST by the gillman@blacklagoon.com
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To: r9etb
When some street thug wants your shoes, he usually just shoots you, strips them off your feet and runs on along his way; the state finds it necessary to humiliate you first.
86 posted on 04/01/2004 10:57:16 AM PST by Old Professer
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To: cinFLA
I for one wish you would leae this thread. You are only here to flame.. you have had your say.

If you don't agree with what we want to do fine.. let those of us who do take care of it.

87 posted on 04/01/2004 11:08:46 AM PST by Diva Betsy Ross (Every heart beats true for the red ,white and blue!)
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To: the gillman@blacklagoon.com
Money is more important to him than other people's rights.

If you're going to lie about me, at least do it to my face.

88 posted on 04/01/2004 11:09:25 AM PST by r9etb
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To: AAABEST
10:52AM PT

Spk w/ Paula at Governor Bush's office in Citizens Services.

I said: I would give my name and phone number, I would even give my service number (my SS#) if it would lend more credibility to my call. As a fellow disabled veteran I was THAT CONCERNED.

I explained that I'm a Female Veteran who is 100 percent service connected disabled. That I'm "very" concerned about the situation with Jesse Hardy's fight to keep his property. That it is my understanding that he is also a 100 percent disabled veteran and is also fighting cancer right now.

That as someone who is disabled I get REALLY sick when I am under stress, and I would urge Governor Bush to stop this right away somehow. That I know he has done the right thing in the past on matters like this. I even told her that I admire Gov. Bush and support President Bush.

That I worked Right of Way (ROW) in the State of Alaska for a short while a long time ago, and I know what a powerful entity they can be against a citizen. I would hope that the Governor would put an end to this, and SOON!

She said: I could send an e-mail. We can write or do like I'm doing call and that Gov. Bush will take all those things into consideration.

I said: Do you really think anyone READS those e-mails.

She said: "The staff does. Unless they are porno or something".

I said: But each one? I mean, you get thousands,. they surely can't read them all. I know they won't know a disabled vet wrote on behalf of Jesse, unless they come across it by accident.

To be honest, the first lady who answered was much nicer, and seemed genuinely concerned about the situation. I thought this Paula person was short and abrupt. She never wrote down my phone number or name. I felt like I was a nuisance. But I tried. Gave me the creeps and I feel really worried for Jesse after talking to Paula.

I have to pray this isn't the attitude of Gov. Bush. They need to back off this Vet at this time in his life. I've never liked eminent domain. I sure don't like it in this situation.
89 posted on 04/01/2004 11:10:17 AM PST by Vets_Husband_and_Wife (A $15 a month donation is a lot cheaper than our crappy liberal newspaper is each month!)
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To: cinFLA; r9etb
Both you fellas come on here and set up strawmen and pick arguments and then scream like stuck pigs when people try to prod you back to the real point of personal property rights.

This project is going to take years, maybe decades, what's the big rush here?

The homestead protection in Forida is one of the best property protection acts around, this one piece of land is totemic to that process and needs to be dealt with as emblematic to the rest of similarly protected properties.

90 posted on 04/01/2004 11:11:10 AM PST by Old Professer
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To: cinFLA
See post 89.

I had my own FIRST hand experience with this situation today. As to AAABEST, I can only attest to my own experience with people. As a disabled vet, I care deeply about vet issues. I appreciated this being brought to my attention.

God Bless and FRgards!
91 posted on 04/01/2004 11:13:30 AM PST by Vets_Husband_and_Wife (A $15 a month donation is a lot cheaper than our crappy liberal newspaper is each month!)
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To: r9etb
Apparently you need to refresh your memory:
Trust is earned: Correct?

If I do something that causes you not to trust me, then you look carefully at everything I say and do.
Correct?

Recent example of why I do not trust Florida officials.

____________________________________

"In the Everglades, a consortium of non-governmental organizations (NGOs) with socialist motivations, and agencies with expansionist agendas have introduced large-bodied predators in the one place in the entire Everglades where there are more people, using both public and private facilities, in less space than any other location." (snip)

The project perpetrators claim the 'Florida Panther' is "endangered." That claim is an egregious lie, and they have known so for at least ten years.

There is no such thing as a "Florida" Panther. (snip)

Why is this happening?

Consider money, and as always, power.

Let's start with money. NGOs receive contributions, etc., because they claim to be helping an endangered species. It isn't endangered, and they know it. The panther isn't endangered -- but its 'endangered' status made it a cash cow for the NGOs. " Moo," the sound of the cash cow. "Moo" -- as in moola -- lots and lots of moola.(snip)

____________________________________

http://www.citizenreviewonline.org/jan2004/gift.htm

When government officials lose my trust, they have one helluva time earning it again.

92 posted on 04/01/2004 11:14:07 AM PST by B4Ranch (Most Of Us Are Wasting Rights Other Men Fought and Died For!)
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To: Old Professer
Huh? Perhaps you need to go back and look at my comments on this thread. I will stand by to accept your apology for making false accusations.
93 posted on 04/01/2004 11:14:23 AM PST by r9etb
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To: Vets_Husband_and_Wife
I just called a bit ago as well.. I got the same lady. she didn't take any info from me either. She just said she would "pas the information on to the Governor" I thought she was a bit rude.
94 posted on 04/01/2004 11:14:26 AM PST by Diva Betsy Ross (Every heart beats true for the red ,white and blue!)
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To: B4Ranch
You're apparently mistaking my reference to the U.S. Constitution as an argument against Mr. Hardy. Please re-read with your ideological blinders removed.
95 posted on 04/01/2004 11:15:15 AM PST by r9etb
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To: r9etb
I'm willing to believe that Mr. Hardy's case is not as clear-cut as this article makes it out to be, and that the State of Florida's reasons are better than they're being made out to be.

Arguing from the bias of one's imagination does not an argument make.

96 posted on 04/01/2004 11:15:21 AM PST by Old Professer
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To: Diva Betsy Ross
I for one wish you would leae this thread. You are only here to flame.. you have had your say. If you don't agree with what we want to do fine.. let those of us who do take care of it.

Go back to the beginning and read the posts to/from me and see who is the flaming idiot on this thread. NOT ME.

97 posted on 04/01/2004 11:17:07 AM PST by cinFLA
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To: Old Professer
Arguing from the bias of one's imagination does not an argument make.

Well, seeing as how I'm not making an argument, I don't see why you should be complaining. I'm still waiting for your apology, BTW.

98 posted on 04/01/2004 11:18:35 AM PST by r9etb
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To: r9etb
You have a long history of interrupting threads just to incite the poster of the thread and his supporters.
99 posted on 04/01/2004 11:19:36 AM PST by Old Professer
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To: r9etb; All
You're apparently mistaking my reference to the U.S. Constitution as an argument against Mr. Hardy. Please re-read with your ideological blinders removed.

These flamers care only that you fall in lock-step with them without question. The are not interested in discussion but only promoting their agenda. Anyone that dares make any comments not totally supporting their agenda is automatically considered an enemy and flamed to no end. I started reading the article with interest but after the lies AAA has posted about me, AAA has lost all credibility.

100 posted on 04/01/2004 11:19:51 AM PST by cinFLA
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