Thread: Ruling may impact the use of border sensors

Ruling may impact the use of border sensors
By Jonathon Shacat
Herald/Review
Published: Sunday, May 10, 2009 1:46 AM MST

BISBEE — A recent court decision that held the Border Patrol liable for occupying private property in California might be applied to lands in other places near the U.S.-Mexico border, including Cochise County.

Otay Mesa Property LP, Rancho Vista Del Mar and Otay International LLC filed a lawsuit in March 2006 seeking compensation for the use of 750 acres of valuable development land in San Diego County.

Without permission from landowners, the Border Patrol buried numerous sensors, and then entered the property when the sensors indicated movement of potential illegal immigrants.

On Tuesday, the U.S. Court of Federal Claims held the Border Patrol liable for the physical taking of an easement on the land. A trial is expected later this year to determine the amount of damages that will be awarded.

Nancie Marzulla, counsel for the landowners, said the trial court decision could be appealed, although the case also may be a “persuasive authorityâ€

[quote]Roger Barnett, a rancher near Douglas, said he likes the fact that Border Patrol has installed sensors on his land along the border.

“If it will enhance their operation, then more power to them,â€

Deleted. Oops, double post.

GREEDY TRAITORS GETTING ENTRY FEES?