Monday, June 27, 2005

Restoring America’s Everglades and Eminent domain

Statement by Florida Department of Environmental Protection Secretary Colleen M. Castille Regarding the Restoration of America’s Everglades

“Restoring America’s Everglades is the largest environmental restoration project this nation has ever undertaken. Returning the natural flow of water to more than 55,000 acres of wetlands in Southern Golden Gate Estates will replenish flows to the panhandle of Everglades National Park, the Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Preserve and the Picayune State Forest. Already, more than 98 percent of the land needed to complete the project is in public ownership.

Because of the dedication of Governor Jeb Bush and the State of Florida, this monumental endeavor is delivering environmental results ahead of schedule -- restoring habitat for endangered wildlife, replenishing lost water supplies and improving water quality.

Accomplishing restoration on time and under budget is Florida’s highest environmental priority. Today’s decision by the Florida Cabinet demonstrates not only the critical need for this parcel of land, but also the commitment of this State to completing restoration of the River of Grass.

I am grateful for the support of our leadership and remain hopeful that we can build on more than a year and a half of negotiations to reach a fair agreement that would meet Mr. Hardy’s needs while allowing the State to achieve the greatest benefits possible for Florida’s natural resources.”

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Background
In the 1960s, the Gulf American Land Corporation began developing thousands of acres of the Everglades as Southern Golden Gate Estates. After selling lots, dredging miles of canals and constructing nearly 300 miles of roads, the company went bankrupt. Restoring Southern Golden Gate Estates to its natural state will allow water to once again naturally flow across more than 55,000 acres of wetlands, restoring habitat and improving the health of downstream estuaries.

Why is Everglades restoration important?

Restoration of America’s Everglades is the largest environmental project of its kind in the nation’s history. Restoration will reestablish a more natural flow of water throughout South Florida and the Everglades, reviving habitat for more than 60 rare species.

Along with the monumental environmental benefits, the 30-year, $8 billion program also has considerable social implications. Restoration will ensure reliable water supplies and provide flood control for millions of Floridians.

How much land has the State acquired to restore Southern Golden Gate Estates?
The State began acquiring land two decades ago. Part of a joint commitment, the state and federal government invested nearly $100 million to acquire 19,988 individual lots in the abandoned subdivision. To date, 54,282 acres of the 55,247-acre project are in public ownership -- 98 percent of the land needed to complete the project. Just four parcels remain for acquisition, including Mr. Hardy’s 160-acre property. These last parcels are integral to the completion of Everglades restoration.

What has the State achieved so far?

The State began restoring Southern Golden Gate Estates in October 2003. During the first seven months, engineers moved more than 45,000 cubic yards of dirt to partially backfill seven miles of the Prairie Canal.

The more than mile and a half of dirt plugs is reducing fresh water drainage of the Fakahatchee Strand, elevating groundwater levels and replenishing wetlands. As canal plugging continues, engineers will remove 25 miles of roads to return the natural sheetflow of water, restoring natural habitat over two miles surrounding the filled sections of canal.

Florida plans to complete the first phase of restoration by October 2005.
What authority did the Department of Environmental Protection receive today?
The Florida Cabinet today granted the Department of Environmental Protection the authority to acquire Mr. Hardy’s property through eminent domain.
Is the Department still considering other alternatives?

Yes. The State will continue to seek a beneficial and fair agreement with Mr. Hardy that would eliminate the need to initiate legal proceedings.

What other alternatives will the State pursue with Mr. Hardy?

The State is committed to pursuing other alternatives, including a 160-acre land exchange outside of the project area.

How long has the State been involved with negotiations?

Negotiations began with Mr. Hardy on October 23, 2002. Together with relocation benefits, the State has offered more than 5 times the appraised value for the 160-acre property. Mr. Hardy also turned down a $2 million land swap of equal acreage.
If the State proceeds with eminent domain, would it represent a first for environmental purposes?

No. Within the Southern Golden Gate project alone Florida obtained approximately 3,300 acres or 1,859 land parcels (representing approximately 1,490 landowners) by eminent domain. Eminent domain has been used as a last option in cases of deceased or untraceable landowners, title matters or unwilling sellers because of the need to carry out the project in the best interest of the public. All eminent domain cases were reviewed by a County Judge.

Within the Southern Golden Gate Estates project area, 17 landowners claimed homestead. To date, Florida has acquired 16 of these 17 properties from willing sellers.

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