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

[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."

[countrydummy]

Oh I am doing just fine! I also just joined the army! They will take me as the RN that I am since I am under the age of 47!!!!!! Yeah! I have to get a "job" first, for 6 months as an RN, but that is no problem and the commander told me he will help me join! I can now really serve my country!

Pray that I pass the physical! I really want to do this! This is why I was born! This is my life long dream, and I can shoot too!!!!!!!!

[AAABEST]

I have no such expectation of fairness, haven't for quite a while. The response was to another poster who claimed it was "fair". Then again you can't read your country's founding documents with any comprehension so why should I expect more when you read an internet post?

I know you'll laugh if they drag a disabled Vet off his land in order to make poltical payoffs to the left and political interests. I would expect nothing less from sneering neocon.

BTW, what part of "get away from me, you're making me ill" are you having trouble understanding?

[AAABEST]

Holy Moses!!!!

Are you serious? If so I wish you all the luck in the world Sheila if it's what you want to do.

What about your hubby? What about your heart thingy?

Wow, you just blew my mind.

[Jen]

Thanks for your support of our veterans. It's not an issue of money as far as this disabled veteran is concerned. He just wants to continue to live in the home that he loves. AAA knows the story far better than I do, in fact he is a friend of Mr. Hardy. I see he has already responded to you with more detail.

[AAABEST]

Sent a letter to Gov. Bush. I hope it helps.

Thank you brother. It does help, more than you know. It also helps your soul, God bless.

[Askel5]

thanks for fighting the good fight

[EODGUY]

I am very glad Jeb is taking this stance.

The issue is very simple in my mind......the man owns property and does not wish to sell it. End of story.

The government can indeed condemn and seize his property under eminent domain criteria, but there must be a compelling reason for such action.

This battle, in my humble opinion, is worth waging.

God bless you in your efforts on his behalf.


EODGUY

[A CA Guy]

Your making like this is some extra-ordinary happening.

It is 100% not!

This happens all over the country all the time to all kinds of other 100% disabled and healthy people in every state. The only issue that is to be discussed is compensation and getting moved.

It is never wanted, but people want public access for roads or parks and airports, so it happens.

No reason to get yourself mad over every day events that have been happening since we were probably all ever born.

[AAABEST]

D00d, I hate to say this but you don't get it and you're slightly daft.

Please just go away. I'm serious

[countrydummy]

Yes I am totally serious! Mike is freaking, but he will get over it! I started to sign up in 1991, but the girls were little then, they are grown and gone now, and Mike will adjust! The recurtor(sp) told me that the cut off age was 47 and I am only 42....my heart is fine, I just have spasms and they are controlled with ntg....Yes, I want to and I am going to support my country by taking care of our soldiers! My life long dream! I don't know what else of a speciality I can do, but I am also a damn good shooter! Hell I am from West By God after all!

Yes, this is my calling, this is what I was created to do and so help me, I am going to go and defend my country the way I can!

[kitchen]

Governor Bush,

Re: http://www.freerepublic.com/focus/news/861062/posts

I am writing on behalf of Jesse Hardy, whose story of dealing with a possible eminent domain claim I have read on Free Republic. I urge you to intercede on his behalf and ensure he is allowed to not only live out his life on his homestead, but also pass that land on to his family.

My family also owns property in Florida; specifically, Boynton Beach, Tampa, and Pompano. We will be watching the resolution of this case with interest.

Warmest regards,

kitchen

[KineticKitty]

After my husband and I retire from the military we plan on living in Alaska, ....So if we live on our land that we love and one day the government decides they want it, and we do not want to part with, apparently we will gain no sympathy from some people if we are offered a large amount of money before they rip our land away for simply refusing to accept a large dollar amount to leave the land we love and do not wish to part with??? I don't think so, life is more than just about money, I will be emailing ol'Jeb.

[octobersky]

BUMP! BUMP! BUMP!

[Sunshine Sister]

I just sent my email. Good luck to Jesse.

[A CA Guy]

If he gets paid and is helped in moving, it is no issue, really.

I understand this has got you all spun up and that this 67 year old has trouble with change. This is not unusual.

Eminent Domain is used all the time. You have not got a special circumstance here.

Good luck to you, maybe you can get TV to get help from a political hack, but all over the country this happens all the time to disabled & healthy people across the country without posts on FR.

your name calling won't make this any different then the thousands of others that happen across the country all the time.

[airborne]

I have to go to Boy Scouts. I'll check in later. But let me ask this question to all of you. How much money is enough for a man who put his life on the line to give up his land? Land that his friends died protecting. Land my brother fights to protect right now. My opinion is that some things just are not for sale.

[AAABEST]

Your "opinion" goes straight to God's ear.

[Bush2000]

...sneering neocon...

I've been called a lot of things but that's a new one. Thanks. I'll add it to my business card.

[Bush2000]

I wish for you good things like eminent domain on your property or your families. IT IS GOOD

You and I both know that, in the absence of eminent domain, every taxpayer would get screwed whenever a highway or bridge needs to get constructed because landowners would have the government over a barrel. They could demand any price they want -- well above market --- and the government would have to pay it. Read the law. It's pretty clear. In an eminent domain case, the government bears the burden of paying market prices for whatever land it takes. This balances the right of property owners with the needs of society.

[AAABEST]

thanks for fighting the good fight

I wouldn't do anything without all of these wonderful, golden people. I can't even thank everyone, it's literally overwhelming.