Friday,
November 21,
2008

Who is
Jesse Hardy

His Story

The Ballad of Jesse Hardy

Interview with Jesse

Published: Tuesday, January 18, 2005

Section: Broward & State

Page: 3B

SHOWDOWN NEARS IN "RIGHT TO TAKE" CASE

BY ROBERTO SANTIAGO,
rsantiago@herald.com
Reprinted with permission.
© 2005 The Miami Herald

Longtime Collier County landowner Jesse James Hardy has a showdown with a state judge early next month to determine whether the government can force him off his 160 acres of mosquito-infested property. Last year, the state filed court papers for eminent domain to force Hardy to take a lump-sum buyout. Eminent domain allows states to take a person's property for the public good, giving them fair market value.

GLADES RESTORATION

For the past three years, the government has been trying to get Hardy to sell his land to make room for its $8 billion Everglades restoration project, which will flood land from Lake Okeechobee south to the ocean, turning it back into wetlands and, theoretically, restoring a pollution-free water flow.

Having failed to convince Hardy, the state filed for eminent domain. Hardy, 69, has lived with creatures like bears, snakes and alligators as his only neighbors since 1976 and has refused to leave.

"It's my home and it's where I run my business and where I raise my family," said Hardy. "Why should I leave just so the government can conduct its billion-dollar science project?" The hearing, scheduled for Feb. 8 in state court in Naples, Collier County, is a critical "right to take" case, according to Hardy's attorney, Charles Forman.

"It's the turning point. The state has said it has a right to take the property. We have tried to hold off the case as much as possible, but it looks like it will go on Feb. 8," Forman said.

Hardy's other attorney, Karen Budd-Falen said, "If the judge rules to allow eminent domain proceedings to continue, the case will eventually turn to a jury, which will determine how much the land is valued."

FEDERAL SUIT

"We also have a federal suit pending, questioning the Everglades project and why Mr. Hardy's property needs to be taken in the first place." Hardy, who paid $60,000 for his property 29 years ago, is concerned that unless the judge rules in his favor, he may have to find another place to live.

"I'm 69, and having a comfortable place to live where I am happy means more to me than money. There ain't no price tag on giving up happiness."

STORY SO FAR

• 1976 - Jesse James Hardy buys 160 acres in rural Collier County in 1976 for $60,000.
• 2002: State of Florida offers Hardy $711,725 for his land to be used in Everglades restoration.
• 2003: Hardy becomes a folk hero to some as he refuses to sell. A website, jessehardy.com, is created by supporters.
• 2004: Hardy turns down $4.5 million lump sum to leave. In May, Gov. Jeb Bush orders state to declare eminent domain over Hardy's property.
• In July 2004, Department of Environmental Protection filed paperwork in Collier Circuit Court to begin process of taking land in public's interest.

WHAT'S NEXT

• 2005: Hardy's "right to take" case set for Feb. 8 at Collier County courthouse.

Jesse Speaks Out

Articles about Jesse

Letters to the Editor

Legal
Document

Contact Jesse