Thread: Rio Grande valley resident blocks seizure of her land for bo

Rio Grande valley resident blocks seizure of her land for border fence

Texan sued Homeland Security over seizure of land near Brownsville


09:31 PM CST on Thursday, February 7, 2008
By DAVID McLEMORE / The Dallas Morning News
dmclemore@dallasnews.com

A Cameron County woman successfully – if temporarily – blocked the federal government Thursday from taking her land for construction of a planned border security fence.

A hearing in Brownsville on a Department of Homeland Security lawsuit against Eloisa Tamez, 72, to force her to make her property available to government surveyors turned into a two-hour hearing on whether the government had acted illegally to seize the land.

A day earlier, Dr. Tamez, whose eight acres along the Rio Grande 14 miles west of Brownsville has been in her family since 1767, sued Homeland Security Secretary Michael Chertoff and other federal officials, alleging they had failed to abide by recent changes in the law requiring Homeland Security to consult with local landowners and officials before taking the land.

"We hope [the lawsuit] will be expanded to cover all property owners along the border with Mexico who have been threatened by Homeland Security with court orders to take their land," said Peter Schey, director of the Center for Human Rights and Constitutional Law.

U.S. District Judge Andrew Hanen took no action Thursday. A hearing on the issues will be held later.

The court setback and the lawsuit come on the eve of Mr. Chertoff's visit to McAllen Friday. He is expected to finalize an agreement with Hidalgo County officials on a proposal to strengthen flood levees with a concrete wall that would be incorporated into the border fence plan.

His office had no comment on the lawsuit.

Federal law mandates the construction of 670 miles of single- and double-fencing at strategic locations across the Southwestern border – including 180 miles in Texas.

In December, the government notified 135 landowners in California, Arizona and Texas that they must make their property available for surveys and site evaluations for six months. Of those notified, 102 refused – 71 in Texas, including Dr. Tamez.

About 50 landowners, including the City of Eagle Pass and individuals, have been sued by the government and ordered to make their border property available to government surveyors for possible site of the border fence.

In the majority of cases, Mr. Schey said, the landowners had no legal representation or were served with the government's suit after a federal judge had already issued an order.
http://www.dallasnews.com/sharedcontent ... 65282.html

Mexico, Calderon, La Raza, ACLU, US CoC, La voz de Atzlan, MECHA, LULAC, Pres. Boooosh, Billary, Osama and McLame are all very proud of her.

Wouldnt this be a cause for "eminent domain". I know that usually this applies for business, schools, etc, but why wouldn't the safety of the borders apply as well?

Daniel Boone would i think tell her "Lady , you must do the right thing for your country. I did ."
Dallas Morning News may vote her "Person of the Year." Errrrr

This is a case of eminent domain. They should take her land without blinking an eye. Land has been taken under eminent domain for lesser reasons.

You can bet that if they build that super highway up through the states, they won't be discussing issues like this. They'll take what they want to.

They will take it, they are just making it look like she got her rights to fight it!!

Build the FENCE!!! One person will not be allowed to stop them from protecting the United States as a whole....to bad lady!!! Lifes not fair sometimes .

Hey, maybe she'd prefer a federal detention center to house all the illegals that come in over her property instead of a fence. Give her a choice...one or the other. It's always good to give someone options

Originally Posted by zeezil

Hey, maybe she'd prefer a federal detention center to house all the illegals that come in over her property instead of a fence. Give her a choice...one or the other. It's always good to give someone options

Look, she probably welcomes the illegals with open arms. I would not be surprised if she sets out coffee and donuts for them each morning.