State, Hardy reach tentative agreement on land buy

State, Hardy reach tentative agreement on land buy

By MICHAEL PELTIER, mpeltier1234@comcast.net
May 26, 2004

TALLAHASSEE — Gov. Jeb Bush and his Cabinet offered landowner Jesse Hardy a carrot Tuesday while wielding a stick in continuing efforts to uproot him from 160 acres that stand in the middle of local Everglades restoration plans.

After months of negotiations and deferrals, the Cabinet voted on a plan agreed to by Hardy's attorneys that would give him until Aug. 31 to give up his parcel in exchange for an acceptable tract north of his current Southern Golden Gate Estates homestead.

If an agreement cannot be reached, Cabinet members by a 4-0 vote gave the Department of Environmental Protection authority to wrest Hardy's property from him by condemnation, a process they have taken great pains to avoid.

Hardy and state officials are considering several parcels where Hardy could continue making a living in the remote Collier County region. The 68-year-old Navy veteran, who has rejected several lucrative offers to sell, has requested that he and his family be allowed to continue operating an existing earth-mining business and open a fish farm.

Tuesday's Cabinet ruling allows DEP officials to begin condemnation proceedings July 1 if the parties cannot reach a relocation agreement. The rule further requires DEP, if it chooses to seek eminent domain, to initiate such proceedings by Aug. 31.

In the meantime, state officials and Hardy agree that they will work toward finding an alternative site for Hardy to live and work. So far, five sites have been proposed, with state officials and at least one environmental group saying the most promising site is located in northern Belle Meade area.

"Progress," Bush said after the unanimous 4-0 vote to accept the proposal.

Hardy could not be reached for comment Tuesday, but a letter written to DEP State Lands Director Eva Armstrong on Hardy's behalf says he agrees with the agency's recommendation.

"Based upon my conversation of (May 24) with S.W. Moore, Esq (Hardy's attorney) and Jesse Hardy, I have asked you to represent to the Governor and Cabinet our concurrence with the direction sought by the DEP as outlined in the agenda provided to you (Tuesday)," attorney Gregory Rix wrote.

Tuesday's vote is the latest effort by the state to buy out all property owners in the region. Of more than 19,000 parcels under private ownership, only four parcels remain. In addition to Hardy's parcel, the Miccosukee Indian Tribe owns a large tract of non-homesteaded property and is going to court to keep it.

State environmental officials Tuesday referred to Hardy's property as the "hole in the doughnut" of more than 19,000 parcels that have been purchased by the state in Southern Golden Gate Estates. Over 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, which provides water for the Fakahatchee Strand State Preserve, Ten Thousand Islands and future drinking water for Naples.

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 reared as his own son. The state has made five offers to Hardy, who first was offered $712,000 to sell in October 2002. The last offer topped $4.4 million.

Since beginning the buyout, the Cabinet has not approved condemnation proceedings on homesteaded property without the owner's consent and had successfully negotiated with 17 homesteaded property owners. Hardy is the sole holdout. Tuesday's vote allows the DEP to begin condemnation proceedings, if necessary, without Hardy's consent.

Last week, the DEP circulated a map labeled "Potential Exchange Parcels" that shows five parcels, one south of I-75 and four north of I-75. All of the parcels are privately owned.

Some of the parcels equal 160 acres but others are larger; Hardy would have his pick of 160 acres within those parcels, according to the DEP. But hurdles remain. Hardy would have to seek new county approval for his proposed fish farm and some parcels could raise concern from local environmental groups.

Hardy has two conditions to any swap: that he be allowed to continue his earth-mining business and plans for a fish farm, and that he stay in the same school zone so Tommy can keep going to the same school.

Officials say one especially promising tract is in Belle Meade. Currently owned by Paul Hardy, (no relation to Jesse), the parcel is located within one of Collier County's designated Natural Resource Protection Areas.

"The governor and Cabinet continue to be extraordinarily generous and patient with Mr. Hardy, but I think they have finally made a determination to move ahead with condemnation if they have to," said Eric Draper of the Florida Audubon Society.

FYI. I think Gov Bush has been very patient in this matter, and this deal sounds like a great one for Jesse Hardy. I hope it works out for all parties.

From the article link, here is a map of the other parcels offered to swap, for the same amount of land:

Also, I am hoping Jesse Hardy will update his web site with his comments and decision.

And, if it does work out for all parties, including Jesse, then - I don't think there's anything wrong with that. It's not a "land grab;" it's an agreement that does not result in Jesse losing his way of life, and allows him to continue loving that land -- a little farther north. I honestly think that's great.

Thanks for your post. Jesse has now updated his web site, linked above, with a note saying he will be on a local radio show taking questions from callers. If anyone hears the show, please do post on this thread and let us know if Jesse is happy with this agreement.

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