Border Patrol says it needs more land to build planned I-19 checkpoint
By Brady McCombs
Arizona Daily Star
Tucson, Arizona | Published: 05.29.2008

TUBAC — The U.S. Border Patrol confirmed on Thursday that it will need private property east of Interstate 19 near Tubac to add an additional vehicle lane for a planned interim checkpoint.

At a meeting at the Tubac Community Center, John Fitzpatrick, assistant chief in the Tucson Sector, told about 50 residents that officials discovered that there would not be enough room within the Arizona Department of Transportation land for the pull-off lane they need for the interim highway inspection station under rules and regulations. For instance, it would be too close to the east frontage road, he said.

At least five residents received letters earlier this month from the U.S. Army Corps of Engineers asking for permission to begin surveying their land for a checkpoint project. It surprised them, as well as Rep. Gabrielle Giffords, D-Ariz, whose district encompasses the area and who has been involved in community meetings and work groups about the checkpoints over the past 18 months.

Fitzpatrick said the Border Patrol didn't know about the letters, either, and apologized Thursday for not giving advance notice to area residents. The agency has instructed the Army Corps of Engineers, which coordinates many of the Department of Homeland Security's border projects, to give them notice before sending such letters so they can advise the community.
How much of the land federal officials will need to buy remains uncertain, Fitzpatrick said. That will be determined during the surveys, he said. Some land, however, will definitely be needed for the extra lane.

Federal officials would negotiate with landowners for land they decide they need, he said. If the property owners refuse to sell, they'll negotiate some more. The last resort would be condemnation, Fitzpatrick said.

The federal government's authority to acquire private property through the process of eminent domain is implied under the Fifth Amendment to the U.S. Constitution . The Department of Homeland Security's power to take property was enhanced by Congress in 2005 with passage of the Real ID Act which waived federal environmental and other laws that hinder the agencies border enforcement efforts.The Army Corps of Engineers told Fitzgerald that "most" of the people who received letters have signed off on permission for the surveys but two of the residents say they aren't going to give permission for the surveys and don't want to sell their property.

Curtis Rogers, who has 10 acres east of I-19 and north of Chavez Siding Road, said he doesn't want a checkpoint near him and has no intention to move, either. The 72-year-old has lived at his property, where he has three horses, a bull and several cats and dogs, for the past 15 years and planned to stay there as long as he can, he said.

He's prepared to play hard ball with the Department of Homeland Security. Whether that leads to a better compensation deal or to a condemnation battle remains to be seen, he said.

"It would be a big inconvenience (to have to move)," Rogers said. "I don't want to move. I enjoy living there. I enjoy my life."

Spouses Carlton Baker and Sherry Sass received a letter asking permission to survey five of the 26 vacant acres of land they own about one mile south of Agua Linda road where the temporary checkpoint is currently operated.

They were told by a representative from the Army Corps of Engineers by phone that "everybody else was on board" and that they were the only ones who hadn't signed, Baker said. When they asked what would happen if they didn't sign, the man told them the U.S. Attorney's Office would get involved, he said.

The man then asked if $250 or $500 would change his mind, Baker said. He didn't accept the money and hasn't responded to the letter. They don't plan to give permission.

"I don't want to live next to a checkpoint," said Baker, who said they had planned to build their retirement home on the vacant lot.

A contingent of residents in the Tubac/Amado area have been strongly opposed to a permanent checkpoint since the Border patrol made its intentions known about a year and a half ago. They worry about the effects on their neighborhoods from the smugglers who circumvent the checkpoint, question why the agency isn't securing the border closer to the international line and doubt the effectiveness of a fixed checkpoint.
No timeline has been set for the construction of the interim facility, which would also include a canopy over the northbound lanes of I-19, a modular building and additional electrical and data lines, Fitzpatrick said.

The Border Patrol remains committed to building facility s soon as possible but have to wait for the surveys and then, environmental assessments, to be completed, he said.





http://www.azstarnet.com/sn/hourlyupdate/241308.php