Hardy says he didn't OK any deal with state
 
(Note: It appears that "crooked attorney" may be an apt description of Gregory Rix, a "colleague" of Jesse's lead attorney, Bill Moore -- or "woefully inept." All this was done knowing that Jesse was sick and knowing that Tommy was ill. How proud Mister Rix must be of himself... Reporter Michael Peltier did a nice job on this article! For the truth: http://www.JesseHardy.com)
 
May 27, 2004
 
By Michael Peltier, mpeltier1234@comcast.net or 850-656-4422
 
Naples Daily News
 
1075 Central Ave.
 
Naples, FL 34102
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To submit a Letter to the Editor: letters@naplesnews.com
 
Tallahassee, Florida - An outraged Jesse Hardy said Wednesday he hasn't agreed to any proposal that would allow state officials to condemn his land by the end of August if he doesn't reach a deal in his standoff over Everglades restoration.
 
A day after Governor Jeb Bush and Florida Cabinet members signed off on an agreement they were told had Hardy's blessing, the 68-year-old Southern Golden Gate Estates resident said that isn't the case.
 
Hardy said what he thought he had approved was a letter from his attorney asking for the Cabinet to defer a vote on his case because of his ill health.
 
Instead, Hardy said, Cabinet members were erroneously told in a letter that he agreed to a deal that not only requires him to negotiate or face condemnation, but also waives a state Department of Environmental Protection rule that prohibits condemnation without his written approval.
 
"I didn't authorize that letter," Hardy said Wednesday. "I didn't authorize nothing."
 
A key DEP official and an attorney whose firm has represented Hardy said Wednesday that he was kept in the loop.
 
Department staff members were about to recommend that another deferral not be granted and that condemnation proceedings begin immediately. Instead, they came up with a compromise that would give Hardy more time to negotiate a potential land swap with other property owners in the region.
 
Hardy was made aware of what was occurring during a flurry of phone calls made to him late Monday afternoon and Tuesday morning shortly before the Cabinet vote, they said, "This was a staff recommendation that was in part based on that response but was also an attempt to get this thing moving and get closure one way or the other," said Eva Armstrong, DEP director of state lands. "Our main goal is when (restoration) Phase II gets ready to get going in the spring, we've got Mr. Hardy settled one way or the other, preferably on another piece of property."
 
State environmental officials referred Tuesday to Hardy's property as the "hole in the doughnut" of more than 19,000 parcels that have been purchased by the state to make way for Everglades restoration. During the past several years, the state has purchased nearly 55,000 acres from property owners, many of whom sold based on the threat of condemnation.
 
The project calls for filling canals, removing roads and pumping water into the region, providing renourishing water for the Fakahatchee Strand State Preserve, Ten Thousand Islands and future drinking water for Naples.
 
The state has made numerous offers to Hardy. The first was $712,000 in October 2002. The latest offer topped $4.4 million.
 
In April, the Cabinet took a different approach by directing DEP to work with Hardy on other options that could keep him on his homestead or nearby. Proposals included placing a dike around his property, pumping water out and a land swap.
 
Last week, the DEP circulated a map labeled "Potential Exchange Parcels" that shows five parcels -- one south of Interstate 75 and four north of I-75 -- that may be available as potential relocation sites.
 
On Friday, Hardy had a telephone conference with Bill Moore, his lead attorney in case, and another attorney. Moore at that time said he would send a letter to DEP's Armstrong, urging another deferral based on Hardy's ill health and his inability to negotiate.
 
But Armstrong said Wednesday that Cabinet officials didn't want to defer the item again. Instead, they worked up an arrangement whereby the state would be given the authority to condemn Hardy's property, but not until July 1.
 
Monday afternoon, Hardy got a call from attorney Gregory Rix, a colleague of Moore. Because Moore was in court and unavailable, Rix updated Hardy on the new situation. He spoke to Hardy again Tuesday morning.
 
"The Cabinet made it very clear that they would not be granting any more deferrals," Rix said. "Given that position, we agreed to concur with DEP that condemnation should be granted but on a deferred basis."
 
Speaking Wednesday, Hardy said he was still under the impression that his lawyers were seeking a simple deferral.
 
"I didn't authorize that letter. I didn't tell him to write that letter," Hardy said. "If (Rix) assumed that, he assumed that on his own. I was under the assumption that it was Mr. Moore's letter that he was talking about."
 
Hardy also said he will continue to fight, calling on his supporters to again rally to his cause. Hardy shares a modest home with Tara Hilton, a member of a family Hardy befriended in Miami, and her 8-year-old son, Tommy, whom Hardy has raised like his own son.
 
"I have a very sick little boy and I have cancer," Hardy said. "I have no electricity because my generator is on the blink. I'm sitting here in the heat and have all these people hollering at me to get off my land, where I've lived for 32 years."