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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: RightWhale
but he may not argue about the taking.

Oh no? You don't know us very well, because we intend to argue plenty.

People need to start arguing more about immoral and politically motivated abuses of our citizens. It's called asserting yourself as an American, I would implore everyone to try it.

Sorry, but eminent domain was never intended to protect turtles, trees or political interests. This isn't rocket science. This will become a HUGE argument if slimeball self interested political types insist on having everything their way, I promise you that.

They will be exposed for what they are, if they want to go there.

181 posted on 03/11/2003 12:00:18 PM PST by AAABEST
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To: TonyWojo
I lived in a private community in South Carolina for a while. They made me move out my beehives because that was "dangerous", to have bees flying about according to the judge. I was told I could no longer ride my horse on the "nature walk trails" because the horse disturbed nature.

I got even.....The community had listed itself as a bird sanctuary in some federal program, which gave the developer huge sums of money or tax dodges to design the place as bird friendly as possible. It was illegal to mess wit da birds in other words.

I bought a few hundred Guinea Hens and turkeys and about fifty peacocks thru a hatchery and raised them at a friends place for a few months. We then let them go throughout the community. All four thousand acres of it including an 18 hole golf course winding about.

The phone to city government rang off the hook with complaints of loud birds screaming at night, peacocks crapping all over peoples decks, and they had a hearing on how to get rid of the problem. I was able to get the state involved and they told the town that they could not trap, shoot, or harm those birds in any way.

If you are threatened by a green mafia action, use their own principles against them. If they want to flood your land, find some endangered dry-land critter to populate the area. The feds did it with just lynx hair. They didn't even need the whole lynx.

182 posted on 03/11/2003 12:00:35 PM PST by blackdog ("But that's what I do" A quote from my Border Collie)
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To: AntiJen
You've just been added to my "What a Sweetheart" list.
183 posted on 03/11/2003 12:01:28 PM PST by AAABEST
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To: AAABEST
$5 million is more than fair. Take the deal.
184 posted on 03/11/2003 12:03:02 PM PST by RightWhale (Theorems link concepts: Proofs establish links)
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To: AAABEST
I'm with you. I'm suprised there seem to be so many that think just because he's being offered a large amount of money, that makes it "ok" to just take his land.

Oh well. Keep up the good fight!
185 posted on 03/11/2003 12:12:07 PM PST by FourtySeven
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To: RightWhale
$5 million is more than fair. Take the deal. A. It's not my decision to make.

B. No it's not fair if he doesn't want to sell, and he doesn't.

We're not talking about what's fair or not RW. We're talking about what's right and wrong, and some very fundemental human and American issues.

186 posted on 03/11/2003 12:13:17 PM PST by AAABEST
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To: AAABEST
Awwwww, how nice of you. Glad to help a fellow Vet. I must've missed your first post last night when I was going through my pings. Sorry about that. Doing my civic duty this week so FReeping time is limited.
187 posted on 03/11/2003 12:13:18 PM PST by Jen (Support our Troops * Stand up to Terrorists * Liberate Iraq)
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To: blackdog
could not trap, shoot, or harm those birds in any way.

Thank You for the advise roflmao. My particular area they want to restore for a Non native Florida Black Panther. Not as easy to get Panther cubs to raise and release.

188 posted on 03/11/2003 12:14:00 PM PST by TonyWojo
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To: BossLady; E.G.C.
Thanks FRiends!
189 posted on 03/11/2003 12:14:09 PM PST by Jen (Support our Troops * Stand up to Terrorists * Liberate Iraq)
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To: RightWhale
Man did I screw that post up. Sorry about that.
190 posted on 03/11/2003 12:14:19 PM PST by AAABEST
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To: AAABEST
I sympathize with the guy but you have to realize: If the government weren't able to assert eminent domain, it wouldn't be able to put it any highways, sewers, and other structures which are beneficial to our society. People could ask unrealistically high prices for their land. The government would be forced into spending even more taxpayer money to reroute its projects and, in the end, it wouldn't work because the chain of property owners demanding to be paid above-market prices wouldn't end. Nonetheless, in this case, I think that it is reasonable and advisable for this man to at least test the determination of the government. If the government is serious, they will have to take his reluctance to sell seriously.
191 posted on 03/11/2003 12:18:10 PM PST by Bush2000
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To: AAABEST
He's 67, so no change would be comfortable for him.

Eminent Domain usually requires a compensation for owned land equal to the value of the home.
If this guy claims homestead, but "NEVER" filed any papers to establish title, he might not be due even compensation having not really completed an actual homestead and might find himself in a Veteran's retirement home.

If Mr. Hardy followed the rules to obtain title though, he deserves compensation and moving expenses.
That is about all there could be to this story.

He may deserve relocation with financial compensation at most.
Eminent Domain happens all the time across this country. To many who are 100% disabled as well. Same scenario as I give above happened to them as well. This is not incredibly unheard of at all.

The fact that an actual or in-name-only homestead is being taken by eminent domain is not an earth shattering issue at all. As long as compensation or moving expenses are made if there was an actual title. If not actual title ever sought, I expect Mr. Hardy goes to a Veterans facility of some kind.

Why green goons? More than likely they would send folks out from the Veteran's administration to help him move if he won't.
Eminent Domain is a historically the pits for anybody who has ever had it happen to them. There is NOTHING unusual about this story that I can see.
192 posted on 03/11/2003 12:19:05 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: AAABEST
No it's not fair if he doesn't want to sell, and he doesn't.

Rule #1: Life is not fair.
Rule #2: See Rule #1.
193 posted on 03/11/2003 12:19:36 PM PST by Bush2000
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To: AAABEST
what's right and wrong

Sure. But then there is the law, property law in particular. The Feds owned the land in the beginning and retained certain rights. Anywhere outside the original 13 Colonies the Feds may have ultimate power over real estate. You don't own land outright, you own a bundle of rights that vary from case to case. Fix that and the problem will be fixed. Arguing from principle won't do much toward putting all rights in the hands of the current tenants.

I have an issue with public access easements. They shouldn't exist.

194 posted on 03/11/2003 12:22:28 PM PST by RightWhale (Theorems link concepts: Proofs establish links)
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To: AAABEST
As a PS: I did think Mr Hardy should be assisted by any concerned with the full respect he deserves.

It is a crappy situation happening to an older fellow who finds any change unthinkable.

So no matter how every day this is around the country, it doesn't make it less traumatic for Mr. Hardy!
195 posted on 03/11/2003 12:23:10 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: RightWhale
They shouldn't exist.

More defined, they shouldn't exist on private property, but should be extinguished when title is transferred from gov't to private sector.

196 posted on 03/11/2003 12:24:16 PM PST by RightWhale (Theorems link concepts: Proofs establish links)
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To: AppyPappy
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.

Some things are more important than money.

197 posted on 03/11/2003 12:25:23 PM PST by Liberal Classic (Quemadmoeum gladis nemeinum occidit, occidentis telum est.)
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To: Bush2000
wouldn't be able to put it any highways, sewers, and other structures which are beneficial to our society.

This 167 acres is in the middle of nowhere? There is not an Interstate or any other infra structure. It is for CERP Everglades Restoration. There is very bad data, his land is high and dry (average 11 to 14 ft above sea level) Don't laugh that is high and dry here in S. FL. There is no reason for taking it other than over zealous greenies.

198 posted on 03/11/2003 12:26:44 PM PST by TonyWojo
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Comment #199 Removed by Moderator

To: mach.08
The Comprehensive Everglades Restoration Plan, or "CERP", was submitted to Congress in April 1999 and was approved with overwhelming bipartisan support in December 2000. Implementation of the Plan began immediately.
200 posted on 03/11/2003 12:47:35 PM PST by TonyWojo
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