Thread: Letter signals possible use of eminent domain for border fen

Dec. 12, 2007, 6:31PM
Letter signals possible use of eminent domain for border fence


By ALICIA A. CALDWELL Associated Press Writer
© 2007 The Associated Press

EL PASO, Texas — In a written ultimatum to South Texas land owners opposed to plans to build a border fence, federal officials foreshadow the possible use of eminent domain to buy land for border fence construction.

Department of Homeland Security Secretary Michael Chertoff sent the letter to property owners who either refused or ignored requests to let federal land surveyors on their property.

The letter states that the government will first try to negotiate with land owners for the purchase of property it needs for construction of the fence. But it also warns that if no deal is reached, the government may go to court to "seek title and possession, and the court will determine fair market value."

A copy of the letter was released Wednesday to The Associated Press by Homeland Security.

Dated Friday, the letter also warns that the government will take property owners to court if they refuse to allow border fence workers and surveyors onto their land.

Federal officials plan to deposit money with the court "as just compensation" to cover any damage that might result during the site assessment work.

The government plans to seek those injunctions within 30 days, according to the letter, allowing access to the property for up to six months.

Michael Friel, a U.S. Customs and Border Protection spokesman in Washington, said this week that access to land is critical for federal officials trying to decide the best sites for the barrier. Specifications call for a two- or three-layer steel fence at least 15-feet-high and able to withstand the impact of a 10,000-pound vehicle going 40 mph.

Friel did not immediately return a phone call or e-mail message Wednesday seeking comment about the possible use of eminent domain.

Land owners in parts of South Texas said Wednesday they had not yet received the notice.

Gloria Garza, whose Granjeno home is in the path of one proposed section of fencing in Hidalgo County, said she and her husband were waiting to see the letter before they made any decisions.

But she said she's worried that she won't be able to stop the government.

Her uncle, 74-year-old Daniel Garza, who lives in a small town up the road, said he, too, has not yet seen the notice but is fearful it will mean he and his wife may have to leave the gray brick house he built just five years ago.

"We're worried," Daniel Garza said. "We don't know what's going to happen."

Congress has awarded $1.2 billion for 700 miles of fencing along the border. Current plans call for about 330 miles of so-called virtual fence — a network of underground sensors, radar, cameras and other pricey technology.

The remaining 370 miles, to be built primarily in urban areas, are expected to have actual steel fencing. About 85 miles, in 26 noncontiguous sections, are expected to be built in Texas. The bulk of that fencing, about 70 miles, is slated for South Texas.

Property owners and public officials in South Texas have been trying to delay construction, which is slated to begin as early as spring, by denying access to property.

In October, federal officials scrapped a short-lived plan to pay some residents $3,000 for access to the land.

http://www.chron.com/disp/story.mpl/ap/tx/5373784.html

This is the best use of eminent domain I've seen in a long time. This is what its intended to be used for.

This is precisely what eminent domain is intended for. This is not land use for a Wal-Mart or shopping mall THIS IS FOR SECURITY. AMEN!

Up to this point I've never seen a case of eminent domain that I could fully support. Whatever it takes, build that damn border fence - all 854-miles of it!

Build it now! The security of the nation must be placed first!

I pray you are all right -

It may sounds all good, and I totally agree this is where Eminent Domain can come in, HOWEVER, what makes us sure that the government will build the fence.

It could be another ploy just for another land grab to annex it to this North American Crap.

Time after Time our Federal Government has shown to us in the past, they never fulfill what they promise.

In this case, it is still up in the air. The government is saying to us they want the land to build the fence, yet we know they haven't even started in other parts of the border with Mexico. Money was allocated and there is so much to cover, they could have started a long time ago, but I believe they haven't.

So I am very suspicous about this folks....remember we are dealing with a bunch of lying scumbags politicians starting from the local level to the highest position in the land ..The President.

We all know how El President Jorge feels about his native born country....Mexico.