Cabinet defers action on Golden Gate Estates condemnations

(Note: Just saying, "No, my land is not for sale" doesn't matter at all to those with an agenda to fulfill.)

February 11, 2003

By Michael Peltier

mpeltier1234@comcast.net

Naples Daily News

Naples, Florida

http://www.naplesnews.com

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Tallahassee, Florida - The standoff between the state and a trio of landowners, including the Miccosukee Indian Tribe, continued Tuesday after state officials again delayed a decision whether to condemn the parcels for Everglades restoration.

Separate negotiations with Miccosukee leaders and a pair of reluctant landowners will continue for at least a month as state land buyers attempt to strike three deals by March 13, when the Cabinet again meets to address the matter.

At issue is the state's attempt to purchase the final 4,000 acres of a 55,000-acre buyout in Southern Golden Gate Estates. So far the buyout has cost nearly $90 million.

The governor and Cabinet last month were asked to begin condemnation proceedings on homesteaded property, a maneuver the Cabinet has so far avoided in its quest to restore the Everglades. Following testimony on January 28, the Cabinet voted to allow more time.

In one case, the state is going up against the Miccosukee tribe, which in 1997 purchased 800 acres in an area now coveted by state and federal land buyers as a critical parcel in an $8 billion federal/state effort to restore water flow into the Everglades.

Purchased for $437,500 in 1997, the tribe has three times refused offers for the parcel. Between October and December, the Department of Environmental Protection made two offers of $639,680 and $803,560.

Unsuccessful in their attempts to negotiate an acceptable purchase price, the governor and Cabinet last month were prepared to condemn the parcel but backed off in lieu of more negotiations. On Jan. 31, the tribe refused a third offer of $1.25 million.

While state negotiators declined comment, environmentalists and a tribal representative said the state is discussing the possibility of a trade with the tribe. Following Tuesday's meeting, Miccosukee attorney Dione Carroll would only say that the tribe would consider the state's evolving proposal.

"It's some kind of land-swap proposal, but I don't have any of the details," Carroll said. "I can't tell you what we'll do."

Tribal representatives say the parcel located at the southern edge of the Estates has significant historic and cultural value. Among its uses is a source of herbal medicine and palm fronds used in the construction of chickees.

Carroll says federal law prohibits the state from forcing the tribe to sell.

Gov. Jeb Bush and others argue that the law was meant to protect so-called Indian country lands and not lands purchased outside such areas. Carroll counters that the law makes no distinction.

State officials stressed Tuesday how critical the parcel was to the overall project. DEP Secretary David Struhs said the state is still willing to proceed on condemnation proceedings if negotiations fail.

"I think it's hard to exaggerate how critical it is," Struhs said. "This is a major flow way of water from north to south that is critical to the western part of the Everglades system."

Also in limbo are two other parcels on which the property owners still reside. One owner, 67-year-old Jesse Hardy, says the state doesn't need his 160 acres. He just wants to be left alone.

While deferring action on the three parcels, the Cabinet approved the condemnation of eight uninhabited parcels and about 200 miles of roads, and 25 to 30 bridges owned by Collier County government.

http://www.naplesnews.com/03/02/naples/d904144a.htm