Homeowners in extension's path might get free help

A national public interest legal group whose founder was former Attorney General Edwin Meese is considering representing homeowners in Collier County who are fighting the proposed extension of Vanderbilt Beach Road.

The Pacific Legal Foundation is a group that members of the California Chamber of Commerce founded in 1973.

The organization, which offers free legal advice and representation in cases such as those involving eminent domain, was politically supported by officials who were in previous California Gov. Ronald Reagan's cabinet, including founding member Meese.

Some 400 Collier County property owners will be notified in the coming weeks that their land falls in the new path of the county's extension of Vanderbilt Beach Road. The Collier County Commission laid out a proposed corridor that extends from where the road now ends near Collier Boulevard along a 10-mile path, eastward to DeSoto Boulevard.

The county plans on taking homes within 50 feet of the proposed corridor. Staff believes this will result in 19 people losing their homes.

Concerned Citizens for Responsible Road Development, a Collier County citizens group fighting the road extension, has contacted the California-based organization.

One of its Florida attorneys is researching whether to take the case, possibly lending support directly, or through filing legal "friend of the court" briefs.

"We were founded with the goal of protecting property rights," attorney Steven Gieseler said. "That is the reason why someone recognized why we might be interested in this, and indeed why we are interested in looking at it."

Gieseler said the group could work with some of the private attorneys who have been hired by residents to fight county government.

Pacific Legal Foundation filed a friend of the court brief in support of the property owner in the well-publicized Kelo case.

Last summer, the U.S. Supreme Court in the Kelo versus the city of New London case ruled that local governments may seize homes and businesses and transfer the property to private developers for projects that further economic development.

Gieseler said the Vanderbilt extension case is different because it involves eminent domain being imposed for the development of a public road.

He said judges typically have been reluctant to challenge the right of local governments to take property for roads, even in cases when those roads may be built to serve areas of future development.

"In many instances, we sometimes wish they'd give some of these decisions a little closer look, the same kind of scrutiny they'd give a case that would involve freedom of speech or religion or something like that," he said.

However, Gieseler said, in this case Pacific Legal could possibly help the Vanderbilt property owners secure a fair price for the land, perhaps the full market value or close to it — even if only portions of backyards are needed.

"My cursory knowledge (of this case) has led me to believe it might be difficult to stop this (Vanderbilt extension)," he said. "But certainly that doesn't mean that the government can do that kind of thing without realizing the costs."

Even when only factoring in the costs of taking 19 homes, county staff believes this extension could cost $150 million, which would make it one of the county's most expensive projects ever.

He said eminent domain is often used as a "strong-arm" tactic in which lowball prices are offered by government.

"That needs to be challenged," he said.

Peter Gaddy, a leader in the citizens group, said he's pleased that Pacific Legal is considering representing Collier citizens.

"What I anticipate is a lot more national groups getting on board to help us. It doesn't seem like anyone locally is interested in our plight," he said.

County transportation official Don Scott said he's not sure whether Pacific Legal's involvement could escalate the county's estimated $150 million pricetag.

"Hopefully we'll come close to our estimate. Obviously, some things could change that," he said.

The county is trying to secure land it knows it needs for the project, particularly out to Wilson Boulevard, as soon as possible, before land costs escalate even more.

Scott said this Tuesday, the County Commission is going to be asked to approve a resolution allowing the county to go ahead and buy land from some willing sellers.

Commissioner Jim Coletta, whose district includes the Estates area where the extension would be built, said it would be wonderful if a group like Pacific Legal could help the landowners on matters of law and fair compensation.

"Hire the very best counsel you can get," he said.