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.
There will be some enviro-green "Republicans" who will come in here and tell you this land grab is necessary. Don't believe them because they're full of it. It's nothing but a junk science power grab by elitist mongers in the enviral industry and business using the government to exploit the weak for their own selfish benefit. I pray for their souls.
I've been involved in this situation for quite some time, this article just scratches the surface. What's going on is absolutely disgusting.
This will be the first time in history that a homestead in Florida would be taken by eminent domain, and it's being done by a Republican governor to a disabled vet no less. A very important line will be crossed if this happens.
I pray Jesse can hold out and that God will smile on his battle and bring him relief and comfort. I also pray more folks like you will try to help him there in the area and surrounding states. I wish I ws in a bette rposition, like I was two years ago, to personally come and help on his behalf. With that passing of my father a couple of months ago and with myself and my wife now taking my Mom in (startinbg today) for a relative long length of time to help her through her grief and own physical ailements...I simply cannot. I still wish I could though.
Government, no matter the political affiliation, serves ONLY itself.
Has the gentleman considered filing a counter suit like 'deprevation of rights under color of law'?
If the land is used for a private development or if it's for the usage of the(unconstitutional) EPA, then it isn't being taken for eminent domain!
Go easy on yourself Jeff, you've done plenty and can't be everywhere. Taking care of your family comes first, you're no good to anyone otherwise.
"Living here is what has kept me going. It's my home. I'm too old to go anywhere else."And this:
"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."It's not just in the State of Florida! Every homeowner in the United states is in jeopardy!
If the American people let "environmentalists", "environmentalist charities", and politicians get away with this--they will deserve the consequences!
The American people are generally not aware of this, but the cruelest, most sadistic, most vindictive, controlling petty tyrants imaginable can be found in the "environmentalist movement".
Thank you for your passion, AAABest.
Pinging the war news lists.
Please see AAABest's comments for more info about this disabled Veteran warrior who's fighting the usual suspects to keep his home.
The well-organized machine of the NGO's and their power-hungry helpers on the left will flood the Fla. Cabinet, Governor's office and press with pre-scripted e-mail.
This Veteran needs our voice joined with his in the public square.
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