DHS, engineers reveal details of border fence
By Kevin Sieff/The Brownsville Herald


March 21, 2008 - 12:25AM

Two lawsuits against Cameron County landowners marked a clear change in the federal government's handling of border fence-related litigation on Wednesday.

In cases involving the University of Texas at Brownsville and Texas Southmost College and Benito Garcia, a Cameron County landowner, the federal government discussed the specifics of plans to survey and, eventually, construct a barrier along the border.

An official from the Department of Homeland Security told Garcia the federal government would take action to permanently seize his property by April 30. The official added that construction could begin immediately thereafter.

After almost 50 border fence-related lawsuits against landowners in Cameron, Starr and Hidalgo counties, it was the first time that representatives from DHS and the Army Corps of Engineers appeared in court to speak about the details of the fence's construction.

But the new timeline-though more specific-was still met with confusion.

"It's still unclear if they will attempt to negotiate again before filing permanent condemnation lawsuits," Corinna Spencer-Scheurich said. The permanent condemnation suits will include the federal government's purchase of private land and the transfer of property deeds.

"The next set of suits is going to be a much bigger deal for people," Spencer-Scheurich said.

In the first set of lawsuits over temporary access for federal surveyors, District Judge Andrew Hanen has criticized the federal government's lack of dialogue with local landowners. In some cases, Hanen has put the government's construction plans on hold, demanding that negotiations take place before issuing a decision.

Officials from UTB-TSC reached a compromise with the federal government before the case's court date on Wednesday. In the university's case, DHS expressed a willingness to consider alternatives to a physical barrier. The Army Corps of Engineers also agreed to stringent conditions related to temporary access.

University lawyers and administrators saw the compromise as a testament to the UTB-TSC's unique situation, but UT Systems' attorney Barry Burgdorf noted that it was "not the perfect order for us." The compromise does not preclude the construction of a fence through the university's property.

"This the kind of dialogue we've been waiting for," Spencer-Scheurich said. "But it makes us wonder if they were hiding this information, or if they finally know where they're putting the fence."

Calls made to DHS were not returned.

www.brownsvilleherald.com