DEP proposes land swap, money - Hardy’s property needed for Everglades restoration

(Note: No matter how many times Jesse refuses to sell, the major muzzled media continue to intimate that he might consider a land swap. This is FALSE.)

May 21, 2004

The Ft. Myers News-Press

http://www.news-press.com

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Tallahassee, Florida - Jesse Hardy has been offered a land swap for his Golden Gate land to make way for restoration of the Everglades.

If he refuses, as he did when offered 4.5 million for his 160 Collier County acres, a state agency is seeking the right to force the issue.

In addition to the land swap, the state Department of Environmental Protection is offering an undetermined amount of money to relocate Hardy’s home and business.

The three new 160-acre parcels offered to Hardy as possible exchanges all are in areas zoned for agricultural use so Hardy could continue his aquaculture business.

The 68-year-old Hardy has steadfastly rejected offers from the DEP for his property in the Southern Golden Gate Estates subdivision.

Now, after rejecting an offer to seal off a portion of his land from flooding that will ensue from the restoration, the state has presented the new swap possibilities.

The owners of the four parcels are asking the state for reimbursement from $1.92 million to $2.3 million, Lanier said. Hardy has not responded to the offer and has not yet visited the sites, said Linda Lanier, a DEP spokeswoman.

A spokesman for Bill Moore, a Sarasota lawyer representing Hardy, declined comment Thursday, saying negotiations are ongoing and it’s “still a very sensitive subject.”

The state’s cabinet meets on Tuesday and will consider a DEP request to approve the land exchange.

The agency also asks that it be allowed to pursue eminent domain proceedings if the land swap falls through.

The Florida Forever program requires DEP to get cabinet approval before eminent domain can be asserted against a homestead.

If the cabinet approves, DEP would be able to start the eminent domain process to force the sale.

“That way, if for whatever reason the exchange is never completed, we will be able to secure title to Mr. Hardy’s property without holding up the construction of Phase II anticipated in the spring of 2005.”

Hardy’s land is described as “the hole in the doughnut” of Golden Gate land acquisition necessary for Everglades restoration.

Failure to get the property represents “irreparable loss to the state and (will) seriously impair the state’s ability to manage or protect other state-owned lands.”

On Thursday, the DEP said the first phase of Everglades restoration has moved 45,000 cubic yards of dirt and partially filled seven miles of the Prairie Canal. That effort is already raising groundwater levels and is restoring the natural “sheet flow” of water through the subdivision land. Hardy’s land is in the middle of the second phase of that effort.

DEP officials have had their request for eminent domain on the cabinet’s agenda since January. In April, Governor Jeb Bush and other cabinet members directed DEP to pursue “creative alternatives” to allow Hardy to remain on his property while the $8 billion Everglades restoration plan went on around him.

The South Florida Water Management District contracted with an independent firm to estimate the costs of alternatives:

• A berm around Hardy’s entire 160 acres would cost $8 million to construct and $125,000 a year to maintain, according to Jacobs MWH Joint Venture.

• A berm around Hardy’s house and 35 acres would cost $4.5 million and $90,000 a year to keep up.

This second option, with DEP buying the remaining 125 acres of Hardy’s property and Hardy paying for the annual upkeep, was offered to Hardy earlier this month. Another offer of 125 acres in Northern Golden Gate Estates in exchange for his land also was made.

Hardy rejected both, but indicated he might go for a swap that included a 160-acre parcel.

 
-----Second article, same topic, slightly different but still very poorly reported and NOT factual.
 
Collier man offered land swap for his wanted acreage

 

Published by The Cape Coral News-Press 

Ft. Myers, Florida

http://www.news-press.com 

To submit a Letter to the Editor: mailbag@news-press.com

Jesse Hardy has been offered four different parcels as possible swaps for his 160 acres that the state wants for Everglades restoration.

The 68-year-old Collier County man has steadfastly refused offers from the Department of Environmental Protection for his property in the Southern Golden Gate Estates subdivision. In April, he turned down $4.5 million.

Now, after rejecting an offer to seal off a portion of his land from the flooding that will ensue from restoration efforts, the state has offered four comparable parcels in Collier County to exchange.

Hardy has not responded to the offer, and a DEP spokesperson said he has not yet visited the sites.

A spokeswoman for the lawyer representing Hardy declined to comment, saying negotiations are ongoing and it’s “still a very sensitive subject.”

The state’s cabinet meets Tuesday and will consider a DEP request to approve the land exchange. But the agency also asks that it be allowed to pursue eminent domain proceedings if the swap deal falls through.

Hardy’s land is described as “the hole in the doughnut” of land acquisition in Southern Golden Gate Estates necessary for Everglades restoration. Failure to get the property represents “irreparable loss to the state and (will) seriously impair the state’s ability to manage or protect other state-owned lands.”

DEP officials have had their request for eminent domain on the cabinet’s agenda since January. In April, Governor Jeb Bush and other cabinet members directed DEP to pursue “creative alternatives.”

Bush indicated he wanted options to allow Hardy to remain on his property while the $8 billion Everglades restoration plan went on around him.

Friends and supporters of Hardy made impassioned pleas for his land not to be taken.

“This is our home and we don't want to leave,” Tara Hilton said in April. Hilton, along with her 8-year-old son, has lived on the property with Hardy since 1995. “If you'll just let us stay, when it floods, we'll swim out.”

So DEP contracted with an independent firm to estimate the costs of alternatives. To put a berm around Hardy’s entire 160 acres would cost $8 million to construct and $125,000 a year to maintain, according to Jacobs MWH Joint Venture.

A berm around Hardy’s house and 35 acres would cost $4.5 million and $90,000 a year to keep up.

This second option, with DEP buying the remaining 125 acres of property and Hardy paying for the annual upkeep, was offered earlier this month.

Another offer of 125 acres in exchange for his land was also made.

Hardy rejected both, but indicated he might go for a swap that included a 160-acre tract in exchange.

Four parcels that fit Hardy’s requirements were identified, and those are what is offered by the state now.

http://www.news-press.com/news/local_state/040520hardy-update.html