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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: sauropod
S, who was that Henry 'xxx' at the Darby rally? Can't his Foundation help out here?
61 posted on 03/10/2003 8:08:47 AM PST by mommadooo3
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To: steve-b
Nah. Some people are just childish like that.
62 posted on 03/10/2003 8:09:23 AM PST by AppyPappy (Caesar si viveret, ad remum dareris.)
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To: stylin19a
Good find. I did a search on the code you provided, but it only referred to disabled or disability in a generic fashion. i.e. - only that someone can't be discriminated against because of race, religion, disabilty etc.

Anything else I should know?

63 posted on 03/10/2003 8:11:25 AM PST by AAABEST
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To: AAABEST
BTW...it's done. I'll try to contact my family members to have THEM e-mail/hard copy letters. (Apollo Beach area)
64 posted on 03/10/2003 8:11:46 AM PST by mommadooo3
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To: JohnHuang2; Sir Gawain; Sabertooth; madfly; davidosborne; Tancredo Fan; MeeknMing
Pinging pingers. Please ping people promptly.

All kidding aside, your lists can really make a huge difference here. This issue is "teetering".

65 posted on 03/10/2003 8:15:41 AM PST by AAABEST
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To: mommadooo3
God blesses those who help their neighbors.
66 posted on 03/10/2003 8:18:20 AM PST by AAABEST
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To: AAABEST

This is Jesse and his adopted son

67 posted on 03/10/2003 8:37:37 AM PST by TonyWojo
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To: AAABEST
FOR CRYING OUT LOUD! WHY DOESN'T EVERYONE MOVE OUT OF FLORIDA IN ORDER TO PROTECT THE ENVIRONMENT THERE!
68 posted on 03/10/2003 8:40:09 AM PST by Cinnamon Girl
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To: Cinnamon Girl
That is what the Eviro's would love to have happen
69 posted on 03/10/2003 8:41:48 AM PST by TonyWojo
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To: AAABEST; Jim Robinson
Gosh, maybe Sawgrass was a worthy cause after all.
70 posted on 03/10/2003 8:52:31 AM PST by farmfriend ( Isaiah 55:10,11)
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To: AAABEST; marsh2; dixiechick2000; Helen; Mama_Bear; poet; Grampa Dave; doug from upland; ...
Sawgrass ping.
71 posted on 03/10/2003 8:54:29 AM PST by farmfriend ( Isaiah 55:10,11)
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To: AAABEST; 68-69TonkinGulfYatchClub; AntiJen
vet ping
72 posted on 03/10/2003 8:55:52 AM PST by farmfriend ( Isaiah 55:10,11)
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To: Cultural Jihad
You really are UFC, aren't you?
73 posted on 03/10/2003 8:55:58 AM PST by sauropod (If the women can't find you handsome, they should at least find you handy...)
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To: mommadooo3
Henry Lamb. e-mail is henry@freedom.org (i think).
74 posted on 03/10/2003 8:58:27 AM PST by sauropod (If the women can't find you handsome, they should at least find you handy...)
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To: farmfriend
Yes, it was.
75 posted on 03/10/2003 8:59:39 AM PST by sauropod (If the women can't find you handsome, they should at least find you handy...)
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To: AAABEST; archi_tex; Argonaut; beckett; Beowulf; Big Guy and Rusty 99; BigWaveBetty; browardchad; ...

Please let me know if you want ON or OFF my Florida ping list!. . .don't be shy.

76 posted on 03/10/2003 9:07:35 AM PST by MeekOneGOP (Bu-bye Saddam! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: farmfriend
BTTT!!!!!!
77 posted on 03/10/2003 9:09:02 AM PST by E.G.C.
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To: sauropod
I know that and you know that but the powers that be didn't seem to know that. I'm trying to make them feel guilty for their lack of support. I'm still frosted over it. Takes me forever to get over things, if ever.
78 posted on 03/10/2003 9:10:24 AM PST by farmfriend ( Isaiah 55:10,11)
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To: MeeknMing
Knew I could count on you meek.

I would say I owe you one, but I think a owe you quite a few more at this point.

79 posted on 03/10/2003 9:10:25 AM PST by AAABEST
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To: AppyPappy
Somethings aren't for sale for any price.

Ask Nathan Hale. p>

80 posted on 03/10/2003 9:12:48 AM PST by Jeff Head
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