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Eagle zone dispute delays Cape Coral home construction

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CAPE CORAL ,Fla. -- Larry Spears bought a Cape Coral property that the city says 20-30% of which is an eagle zone, meaning he can't start building during nesting season unless he uses an expensive eagle managing plan.

The city of Cape Coral says to technically be in an "Eagle Zone," you must be within 1100 feet of an eagle's nest. Spears showed Fox 4 the map where his property lies in accordance to the nest, and it's just barely inside the zone.

Spears said his neighbor spent thousands of dollars on an Eagle Managing Plan, which sends someone out to the property while under construction to make sure the nest is unharmed and the animals aren't stressed. Spears believes he shouldn't have to pay for it considering where his property is.

He said he's tried to have the city come out and look at the property in person to make sure it is in the zone, but they haven't.  "I think if they're going to take my lot and restrict my property rights, they should come out and mark my property," Spears said.

The city says they use the Geographical Information System to specify where properties fall in association with an "eagle zone." They haven't sent someone to the property because they say it's an accurate source.

The Spears' property is also just outside where the letters "EZ" for "eagle zone" are painted on the road, but the city says they don't officially mark where "eagle zones" are. Those markings are used as a general idea where these zones are located.