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."
I don't have to realize and effen thing, and I dont' need your effen advice on life, but thanks anyway.
You all should be beside yourselves that we're now using eminent domain not for federal improvements and roads etc, but we've sunk to where it's used to appease powerful political interests, and make life better for turtles and non-native "endangered" cats. You'll sit back and watch and give me your asinine "words of wisdom".
You'll probably cheer if he sets the precedent as the first homesteader ever to have his land grabbed by the sickos that don't know compromise. They just know they want him gone, and can't give him a good (much less scientific) reason. Not for anything but they started out asking for 7,000 acres in the South Estates for "restoration" and only from "willing sellers", now they want the whole 70,000 and are setting precedent with eminent domain. Now they're eyeing the North estates, and they won't stop there.
So save your advice, there's nothing you can teach me about this, not a damn thing. You've lost your way as Americans and are close to losing your way as members of the human race. Please get the hell away from me until you re-align your priorities, you're making me ill.
The statist speaks.
SHEILA DAVIS PO BOX 202 Jumping Branch, WV 25969 PHONE: (304) 466-3676 FAX: (Same, picks up on 4th ring) country357@stargate.net
March 11, 2003
Your Honorable Governor of Florida:
Mr. Bush, I am a citizen of WV but I have many friends and associates in Florida. I myself was a resident of Fort Myers Beach. I am writing you concerning the plight of several hundred residents of south Florida. Yet this letter is a request that one certain citizen, a Mr. Jesse Hardy, be allowed to keep his home and property as his due for being a veteran and a private landowner and homesteader!
Eminent Domain should be used only for grave needs of this country, not for the supposed protection of some supposed endangered species! Human lives and needs should come first, and in the case of Mr. Hardy, his Constitutional Rights for the “pursuit of happiness” through his rights of life, liberty and justice for all are being grossly encroached upon.
Please leave this man his home and all of his private property rights. As well, consider the rest of American citizens and land owners in the area to be effected by the Everglades Restoration Project. Americans---property owners---humans must come first!
Sincerely,
Sheila Davis PO Box 202 Jumping Branch, WV 25969 Phone: (304) 466-3676 Email: country357@stargate.net http://www.newriverfriends.org
*
Refer to my post #14.The $5mil offer is not a real offer.
He purchased land form the Collier Family (Collier County)
First of all, it's not "swampland". It's high and dry (13 feet above the water table and always has been. It's not even in the flood zone.
That said it will be "swampland" if the druid types have their way with him and flood him out.
You shouldn't "feel sorry this guy". You should feel sorry that your country and politicians now uses eminent domain to garner political favor. You should feel sorry that we use eminent domain to protect the rights of creature insteads of people. You should feel sorry that we treat a disabled Vet worse than we treat some f***ing Cat that's been imported from Texas because our citizens spend too much time watching the discovery channel, and not enough time reading their history.
You should feel sorry for yourself that you need me to explain this stuff to you.
BTW I hope you're taking care of yourself.
If all else fails, the state should give him a life-lease, rather than using eminent domain to force him from his home.
That DEPENDS on the contents and TONE of the emails FReepers send to him. Rational and polite is good and frequently brings progress. Nasty is bad and will illicit a negative response. Trust me, I'm right. EGAD after reading some of the comments on this thread, I wish I had seen it sooner...hope nobody got as hateful to the governor's office as some of the posts I've seen here.
I'm hoping he just does what's right. If he does, everything will work out just fine.
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