Land owner being sued by federal government
Comments 1 | Recommend 1
July 3, 2008 - 9:23PM
By Kevin Sieff, The Brownsville Herald
Eloisa Tamez, one of the border fence's most stalwart opponents, was sued by the federal government Tuesday, after nearly a year-long fight to keep the barrier off her land in El Calaboz.

The land condemnation lawsuit claims 0.26 acres of Tamez's land, part of a larger tract which has been in her family since 1767. She chose not to settle out of court, after officials from the U.S. Army Corps of Engineers offered her $13,500 for the swath of land.

If District Judge Andrew Hanen approves the government's condemnation request, Tamez's long struggle could be over.

But she and her attorney Peter Schey have plenty of points they're ready to address in court. As far as Tamez is concerned, "this is far from over."

"(The U.S. Department of Homeland Security) wants to condemn it and take it, but they still haven't conducted a land survey," she said. "Without that, they could still find out it's not an appropriate place for the fence. But by that time, it will be too late."

Tamez is one of only a few landowners to file a countersuit against DHS, alleging that federal officials shirked their obligation to consult with her before surveying, and now seizing, her property.

Her crusade has, if only slightly, changed the nature of DHS' pursuit. Hanen took more than a month to make his decision on her countersuit, eventually ruling that officials had a responsibility to meet with Tamez about their plans.

Although surveyors were eventually allowed onto Tamez's land, the federal government's permanent land condemnation lawsuit could be another opportunity for Tamez and her attorney to plead their case.

Tamez is one of approximately 150 Cameron County residents being sued over land on which the border fence is expected to be built. According to the U.S. Army Corps of Engineers, only a third of those cases involve landowners like Tamez, who refused to accept the federal government's offers of financial compensation.

But Tamez says she is paying the price for her opposition.

"They are accosting me on my own land," she said. "I'm being hounded as if I were an enemy."

The condemnation case, which has yet to be scheduled, is likely the last chance that Tamez will have to slow the barrier's construction on her property. Once the land is condemned, DHS can begin construction of the fence immediately.

Hanen's recent ruling on DHS' ongoing case with the University of Texas at Brownsville and Texas Southmost College offers Tamez a glimmer of hope. On Monday, Hanen ruled that DHS had not adequately consulted with UTB-TSC about alternatives to the barrier, despite DHS' insistence to the contrary.

"The fact that judge has urged continued negotiations in the university's case, is good news for all of us," she said.

"Now, I'm ready for my day in court."
http://www.brownsvilleherald.com/news/t ... d_dhs.html