Leading up to lawsuits

The loss of something you thought would always exist when you bought your home or property continues to affect residents beyond the Riviera Golf Club community.

Riviera residents are finding support in their struggle to fight the transformation of their golf course into an affordable housing project. The East Naples Civic Association recently submitted a resolution to prevent the proposal and other proposals that may not conform with the county’s growth management plan.

Riviera residents liken their problem to a “taking” of their property and its vested rights. The momentum is building and public opinion is growing against the conversion to housing.

On a smaller scale, two property owners in the South Belle Meade are struggling with their own loss - in this case, access roads to their property.

The land owners, Vince Doerr (former longtime Ochopee Fire Chief) and Bernard Nobel, have land directly adjacent to the Everglades Restoration project in the Southern Golden Gate Estates. When the South Florida Water Management District condemned the Southern Golden Gate Estates (SGGE) for water restoration, the plan was to remove the roads and canals to restore “natural” water flow.

After some negotiating with SFWMD for goods yet to be rendered (a section of land for ATV use), the county agreed to turn over its roads.

No roads means no access for Doerr and Nobel, who are now suing Collier County for “inverse condemnation, ” contending that the County’s action of giving up the roads constitutes a “taking” by rendering their land useless.

The two have been pressured to sell their land for many years, since the Conservation and Recreation Lands (CARL) project began to buy out South Belle Meade. Nobel calls the offer “an insult.”

Unlike the SGGE, property owners in South Belle Meade did not face condemnation, but Nobel says they’ve been scrutinized and charged with everything from pollution to destroying artifacts. Some call this harassment. They’ll never receive the “folk hero” status property owners like Jesse Hardy, who faced condemnation, but imagine the rude awakening of trying to get to your property one day and finding out the roads had been leveled?

Now they are seeking damages in court.

Court action is also being considered by Riviera residents if they can’t come to a workable solution.

Most of the time, a small guy can’t fight the government on their own unless he’s got deep pockets for attorneys and court costs. The game has to get played in the eyes of the public, trying to garner support from other groups that share your concerns.

It may sound like a broken record, but in order to be heard, you have to get involved. Join your local homeowner or civic organization in order to maintain your rights and voice before government or big business. You can’t outspend them in court. Many hands and many eyes make your community safer and stronger.

On a side note, our website is a work in progress, as some technology changes made our former Collier Citizen site non-functional. Soon, all of the functions of our old site will be back, except better, and you’ll be able to find the stories of the past with much greater ease.