Thread: U.S. judge sides with government in border fence property di

Jan. 28, 2008, 1:46PM
U.S. judge sides with government in border fence property dispute
By CHRISTOPHER SHERMAN Associated Press Writer

McALLEN, Texas — A federal judge ordered 10 Cameron County property owners to open their land to the government for border fence surveying, but not before he denied the government the right to take the land without a hearing.

U.S. District Judge Andrew Hanen in Brownsville ordered 10 of the 12 landowners to comply with the government's request for access to their land for 180 days. The other two were near settlements with the government.

But Hanen's order revealed he had denied a request from the federal government for a swift and private order like the one it received in a similar case in Eagle Pass. In filing its suit, the Justice Department asked Hanen to rule immediately without participation from the landowners, a legal maneuver that is allowed in eminent domain cases.

Hanen denied that request and ordered the government to inform all property owners of the hearing, held last Friday.

"This court will make itself available if needed for the resolution of any disputes, but it expects all parties to act cooperatively and with due concern for the rights and needs of the other parties in the implementation of this order," Hanen wrote in the order dated Friday and released Monday.

By contrast, U.S. District Judge Alia Moses Ludlum received the government's lawsuit against the city of Eagle Pass and issued an order before the city could respond.

Hanen, like Ludlum a Bush appointee, questioned the government's efforts at contacting landowners and heard from some property owners and their attorneys at Friday's hearing.

Brownsville residents, including Mayor Pat Ahumada, have been among the most vocal critics of the border fence, which President Bush and Congress have ordered built to stop illegal immigration and smuggling.

Ahumada denied surveyors access to city-owned land, noting that early plans showed the fence cutting through downtown Brownsville.

Last fall, the Department of Homeland Security offered some property owners $3,000 for access to their land for surveys. Many refused on principle, with Ahumada calling it "blood money."

By year's end, Homeland Security Secretary Michael Chertoff sent letters to residents threatening to take them to court if access was not granted. So far, Eagle Pass and the Cameron County case have reached courtrooms.

Two of the defendants, including the Brownsville Public Utilities Board, were not included Hanen's order because the government was about to settle with them.

Hanen also ordered government contractors to work with landowners to make the intrusion as minimal as possible.

Hanen denied the government's request to access properties adjacent to those included in the order.

Access to the properties will end July 23, according to the order. Each property owner will receive $100 for the temporary easement, but will be able to petition for more if their property is damaged. Those owning commercial property have complained the payment is inadequate.

The federal government plans to build 700 miles of steel and virtual fence along the U.S.-Mexican border

The Department of Homeland Security is trying to build 370 miles of fence by the end of the year. The lower Rio Grande Valley between Brownsville and McAllen is densely populated and closely linked with sister cities on the Mexican side. Property owners in the Valley worry that the fence will cut them off from large swaths of their property.
http://www.chron.com/disp/story.mpl/ap/tx/5491915.html

Watched the mayor and land owner on hannitys america.He used the same buzz words,mexicans are our freinds,fence insults mexico,etc-He made me sick.

I've got a solution to those landowners that refuse to agree to have the border fence across their property. Instead of a fence on thier land, we deploy a national guard force on a base on thier property. Then we build a federal detention center on their property. Every illegal alien apprehended crossing into the U.S. goes into the detention center.

There...problem solved. They don't have to have an ugly fence on thier land. Instead, they get a military base and a Federal Detention Center. Everyone should be happy

Just build the fence NORTH of their property/

Originally Posted by magyart

Just build the fence NORTH of their property/

Excellent idea. And then hold these same adjoining landowners financially responsible for any damages to our fence.

Just build the fence NORTH of their property

Got a chuckle out of that one, thanks!

Or how about building a fence coming up to their property on both sides....that way the illegals can ALL come thru on their land only...."the path of lest resistance" for the illegals

Jan. 29, 2008, 6:29PM
Feds sue 3 more landowners over border fence


Associated Press

McALLEN — The federal government has sued three more Cameron County property owners to gain access to survey land for a planned border fence between the United States and Mexico.

U.S. District Judge Andrew Hanen on Monday ordered 10 other property owners to grant the government access to their land, but urged the Department of Homeland Security to work with property owners.

The lawsuits filed Tuesday target land owned by Celeste Montemayor Rodriguez, Ruben Quiroz and Eloisa Tamez, all of San Benito.

Earlier this month, Tamez, 72, said her property was part of a Spanish land grant.

"I'm waiting for whatever they've got coming and I'm not going to sign. I'm not," Tamez said.

http://www.chron.com/disp/story.mpl/hea ... 96533.html