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."
If this man doesn't want to sell, and he has homesteaded his property, he should not be coersed into doing so IMHO.
There are some things worth standing for ... and worth going to other's sides and standing with them for. Each has to make their own decision in that regard. This thread is giving people that opportunity.
There are some folks who don't stand for anything.
Governor Bush,
It has come to my attention that a disabled Navy veteran, Jesse Hardy, who has homesteaded his property and adopted a seven year old boy, is in danger of being run off of his land there in southern Florida if he does not come to terms with the Cabinet directed the Department of Environmental Protection land acquisition agents.
My understanding is that this man's 160 acres would not adversely effect the plans the state has for the other land in that area.
My general belief is, that short of absolute national security issues, or abject health issues impacting the life of citizens, that emminent domain laws have no place being used by any state, county or municipality to acquire citizen's property without their consent. Otherwise we make a mockery of the property rights that so many Americans, dating back to the Revolutionary War have fought, bled and died defending.
Please Governor, call of the speculators, environmentalists and administrators. Let this man live in peace on his own property.
Sincerely,
Jeff Head
Emmett, ID
The Stand at Klamath Falls
http://www.jeffhead.com/klamath/
Thanks for the opportunity to become involved.
I don't know why he bothers replying to my posts (which I never ping him to), as all I do is smack him in the back of the head and keep on walking.
Bless you and your patient and reasoned way of handling yourself.
I was repying to you as you were writing that perfectly written letter. You sir, are a true gem of a human. A shiny polished, gleaming one.
Why did I know I could count on you?
Basic Christian principles here as far as I am concerned ... do unto others as you would have done unto you ... and love others as yourself.
Best Fregards.
Neo-cons are anti-property rights as well. That is why i didn't vote for W. in '00 and will not vote for him in '04.
Howard Phillips for Prez.
How ARE you my FRiend?
Thanks for doing the letter. Everyones part how big or how small eventually has an effect.
Moi? Loving the life that God gave me.
I won't be 100% right until a buy you that beer I owe you!
Sticking a little closer to home here lately.
Trying to get Volume III of my series out and helping folks develop web sites. Here are a few of my latest:
Aeromax Energy
Enemies Foreign and Domestic
North Wind Electric
J.R. Thompson, Inc.
Frozen Dog Ridge Rottweilers
Lot's of fun in developing sites for folks.
There are many other forumns sending out your urgent message on the need for letters/faxes and emails, so I hope that cheers you up some! Will write mine in a few...by the way on fellow mentioned USCS 42 1982 and I add 1983!!!!! We are using them here and our land patents as well, as well as tons of other stuff we have dug up on the NPS and others.....
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.