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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: Bush2000
Listen.

I usually give old-timers a lot more slack than I cut you. It's just a touchy issue and you said a few off the wall things.

Please....please just try to "get it". This is not your dad's eminent domain situation. I know you're not dumb.

241 posted on 03/11/2003 3:27:08 PM PST by AAABEST
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To: TonyWojo
You my friend are more than welcome and I hope it helps! I faxed that letter, so I know he has a copy of it! I also joined the Army today! They want me! Imagine that! I thought I was too old at the age of almost 43, but being a nurse, the cut off is 47! So, I can go and serve my country with all my heart and soul and this I will do! Hubby not too happy, but he is a Patriot and will understand in the end!
242 posted on 03/11/2003 3:27:55 PM PST by countrydummy
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To: AppyPappy
"So he has been offered $1.2M for the property? And his child lives in squalor?
The pity party just ended."

Pity? Owning property means having exclusive use of it - to do as you please. Absent that, it's just a token scrap of paper and the property, and you, are really owned by whoever really has that use. Why be judgmental about the manner in which he lives? That isn't relevant one way or the other. That kid probably thinks he lives in fisher's paradise, and he may be right.
243 posted on 03/11/2003 3:31:07 PM PST by kcar
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To: kcar
Owning property means having exclusive use of it

If that is the case, what does he have to complain about? You just said he doesn't have a worry in the world. So what's all the hubbub?

244 posted on 03/11/2003 3:49:52 PM PST by AppyPappy (Caesar si viveret, ad remum dareris.)
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To: AppyPappy
Huh? As I understand it - he wants to keep his property and use it as he exclusively sees fit. That's what it means to own something. The huhhub is someone wants to substitute something in place of what he has.
245 posted on 03/11/2003 4:02:14 PM PST by kcar
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To: kcar
Like I said, you stated he can do that so what's the hubbub? If there is no such thing as Emminent Domain or zoning laws, what does he have to worry about?
246 posted on 03/11/2003 4:14:15 PM PST by AppyPappy (Caesar si viveret, ad remum dareris.)
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To: AAABEST
I usually give old-timers a lot more slack than I cut you.

BWAHAHAHAHAHAHAHAHAHAHAHA! Phew... I feel so much better now...
247 posted on 03/11/2003 4:22:43 PM PST by Bush2000
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To: cake_crumb; octobersky
Thanks so much for your posts.

CC, I agree with everything you wrote.
248 posted on 03/11/2003 4:37:24 PM PST by Jen (Support our Troops * Stand up to Terrorists * Liberate Iraq)
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To: AntiJen
I'll write , but I think you are wrong about the environuts. They serve a purpose and this is it. Helping to make us a propertiless people , it's #1 in the Ten Planks of Communism.

#1: Abolition of property in land and application of all rents of land to public purposes.

#2 A heavy progressive and graduated income tax.

#3 Abolition of all right of inheritance.

#4 Confiscation of the property of all immigrants and rebels. (remember who gets to define these terms)

#5 Centralization of credit in the hands of the State , by means of a national bank with State capital and an exclusive monopoly. ( The federal reserve is a privately owned central bank and a monopoly)

#6 Centralization of the means of communication and transport in the hands of the State.

#7 Extension of factories and instruments of production owned by the State , the bringing into cultivation of waste lands , and the improvement of the soil generally in accordance with a common plan.

#8 Equal liability of all to labor. Establishment of industrial armies , especially for agriculture.

#9 Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country by a more equable distribution of population over the country. (RED ALERT)

#10 Free education for all children in public schools. Abolition of children's factory labor in its present form. Combination of education with industrial production. (ie. good corporate citizens)

Lenin said " Give me four years to teach the children and I will have planted a seed that can't be uprooted."

hitlery clinton said "It takes a village to raise a child."

Stalin said America would be taken down with a war of concessions. ( don't have exact quote)

" The Central Bank is an institution of the most deadly hostility existing against the principles and form of our Constitution. I am an enemy to all banks , discounting bills or notes for anything but coin. If the American people allow private banks to control the issuance of their currency , first by inflation and then by deflation , the banks and corporations that will grow up around them will deprive the people of all their PROPERTY until their children wake up homeless on the continent their fathers conquered."

Thomas Jefferson.

Conspiracies ARE NOT theories , it's happening right in front of you and you refuse to see it.

The people who run our government and are persuing world monopolies are using the environment as a tool to achieve their goals.The UN is another tool created by them. First Korea then Vietnam and now Iraq are being used to convince YOU that we need the UN to achieve Peace.

Read the UN's constitution sometime and see if that's how YOU want your children to live.

All we need to have Peace is the Truth and control of our education , that and Jesus Christ.

Peace is worth the price and the only One offering Peace is Jesus Christ............

249 posted on 03/11/2003 4:38:25 PM PST by Eustace
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To: countrydummy
I also joined the Army today!

Congratulations and THANK YOU for serving our country in the armed forces! I'm a former Air Force gal.

250 posted on 03/11/2003 4:39:59 PM PST by Jen (Support our Troops * Stand up to Terrorists * Liberate Iraq)
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To: Eustace
Conspiracies ARE NOT theories , it's happening right in front of you and you refuse to see it.

I'm not sure what you think I'm not seeing. I do not support the environ-wackos or indoctrination of our children and certainly not the UN.

251 posted on 03/11/2003 4:46:57 PM PST by Jen (Support our Troops * Stand up to Terrorists * Liberate Iraq)
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To: AAABEST
Justice for Jesse.
252 posted on 03/11/2003 4:50:07 PM PST by John Doe #1 (DAV Life Member)
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To: AAABEST
AAA, I will make one more statement, since I got the standard "thank you for your input" automated reply from Jeb. The day we, as United States citizens lose the rights to our property, our nation dies. I want everyone to think and remember this. When WE are not allowed to OWN property, if it's a car, a home, or a boat, then we as a nation, are no better than Cuba or North Korea.
253 posted on 03/11/2003 4:52:30 PM PST by Beck_isright (going to the war without the french is like duck hunting without your accordian)
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To: Beck_isright
Gosh, it usually takes me a while to warm up to new guys, but you are a man after my heart.

Lemme tell you d00d, you and I are going to be friends around here.

254 posted on 03/11/2003 5:11:18 PM PST by AAABEST
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To: AAABEST
I don't know what this is worth, but:

Did the guy homestead the land under state or federal auspices? Because if he homesteaded land that belonged to the federal goverment I'd argue that that was the 'Primary disposal' of the land, and according page 7, Section 7 of the "Act For The Admission of the States of Iowa and Florida Into The Union, 1845":

And be it further enacted, That said States of Iowa and
Florida are admitted into the Union
on the express condition that they
shall never interfere with the primary
disposal of the public lands lying
within them, nor levy any tax on
the same whilst remaining the prop-
erty of the United States:

I would further argue that if the guy was the receiving party in the 'primary disposal of the public lands,' any act of emminent domain would be an interferance, and illegal under the "Act For The Admission of the States of Iowa and Florida Into The Union, 1845," which I found here:

http://www.floridamemory.com/FloridaHighlights/AdmitUnion/admituniontext.cfm

But then I am not a lawyer, and this might be too thin.
255 posted on 03/11/2003 5:19:35 PM PST by KrisKrinkle
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To: AntiJen
Bttt.

5.56mm

256 posted on 03/11/2003 5:34:47 PM PST by M Kehoe
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To: Beck_isright
I want everyone to think and remember this. When WE are not allowed to OWN property, if it's a car, a home, or a boat, [or a gun],then we as a nation, are no better than Cuba or North Korea.

Welcome to FR.

5.56mm

257 posted on 03/11/2003 5:48:23 PM PST by M Kehoe
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To: M Kehoe; AAABEST
Thank you.
258 posted on 03/11/2003 5:55:31 PM PST by Beck_isright (going to the war without the french is like duck hunting without your accordian)
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To: AntiJen
Sorry.

My reply was in general , not meant specically for You. Please don't take offense I just want others to see what they are really up against.

Peace

259 posted on 03/11/2003 6:21:53 PM PST by Eustace
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To: AntiJen
Well I still have to pass the physical and I am praying that all of you will pray for me so I can, I will go as a second Lt. as a Registered Nurse....I am going to be 43 and the cut off is 47 years of age for nurses! Pray that all comes together, because I really really want to do this and my husband supports me!
260 posted on 03/11/2003 6:52:22 PM PST by countrydummy
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