Border mayors to sue U.S. over fence
By Suzanne Gamboa / Associated Press
Article Launched: 05/15/2008 12:00:00 AM MDT


A group of Texas border mayors and business leaders says the federal government did not properly negotiate with landowners or inform them of their rights when surveying property for the U.S.-Mexico border fence.
The Texas Border Coalition plans to argue in a federal lawsuit that Homeland Security Secretary Michael Chertoff abused private property rights of property owners. Coalition spokeswoman Julie Hillrichs said the lawsuit would be filed Friday in Washington.

"Despite attempts to try to negotiate with DHS and Customs and Border Patrol, they refused to do so," Hillrichs said. "We don't want to file this suit, but this was the last resort."

The Department of Homeland Security denies those accusations, saying it has worked with landowners while planning to begin building in Texas this summer. The department wants to build 670 miles of fence along the border by the year-end.

"We've nearly bent over backward to work with landowners," department spokeswoman Laura Keehner said. "Accusations to the contrary are either ill-informed or just plain wrong,"

She said the department has contacted more than 600 landowners, had dozens of town-hall meetings and participated in local environmental meetings. It's also sent letters to landowners and gone door-to-door to ask for access to make "operational and environmental assessments" before making decisions.

Last month, Chertoff used power given him by Congress to waive three dozen laws that could have slowed or stopped
construction, including environmental laws. The department has yet to release a final environmental impact statement for South Texas.
The U.S. Fish and Wildlife Service has raised concerns about plans to combine flood levees with the border fence because it would split critical habitat of the Lower Rio Grande Valley National Wildlife Refuge.

Eagle Pass Mayor Chad Foster, chairman of the border coalition, said the group did not oppose border barriers but wanted them done methodically, following eminent domain guidelines.

First, he said, the DHS should clear the Rio Grande of salt cedar and carrizo cane that obscure Border Patrol agents' views. "We have drive-by condemnation," Foster said, adding that DHS was paying $100 to landowners for access whether for 2 acres or 230.

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