Fear of eminent domain land siezures grow in southern Texas

No two words strike more fear in the hearts of landowners than “eminent domain.” This is the term which describes the government’s power to condemn private land for public use. As DHS is getting set to build the congressionaly mandated 700-mile fence along the U.S.-Mexico border, South Texas land owners are becoming anxious, and for good reason: Federal officials, in the active planning stages for 125-mile section of the fence, have already began to contact landowners in the area about about handing over their riverfront property for the border wall.

Jay Root of the Forth Worth Star-Telegram reports that, specifically, federal officials are eyeing numerous private tracts near tiny Roma, in the Rio Grande Valley. U.S. representative Henry Cuellar (D-Texas) said landowners were especially upset with the fact that DHS officials mentioned the department’s condemnation authority “within the first 15 words” during recent meetings in the district he represents. “Keep in mind we can take away your property through eminent domain,” the officials said, according to Cuellar.

Border Patrol spokesman Xavier Rios said he was not aware of any current discussions about condemnation of private land for a border wall. He said that authorities are reaching out to private landowners and seeking their cooperation and that forceful condemnation “is not even being considered right now… Our goal is to work with the landowners. They are our partners in this, and we work on their property on a daily basis,” Rios said. “The amount of property that would be used for this is only the property that has been identified as essential for completion of the project.”

President Bush signed legislation last year calling for a 700-mile border fence. About $1.2 billion have been appropriated so far to build the first phase of the wall. The only construction so far has been in southern Arizona, but in Arizona much of the land is already owned by the federal government. In Texas, where most of the riverfront is in private hands, landowners have expressed fears that a wall will disrupt cattle and ranching operations, block access to the Rio Grande, and — unless they agree to the government’s financial terms — spur nasty court battles over the condemnation of private property. About 370 miles of the 700-mile fence will be built in Texas, with nearly 90 miles planned for the Rio Grande Valley area, south of Laredo, and 25 miles in the El Paso area (where most of the fencing will be on federal land).