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View Full Version : "Texans" refuse to allow border fence to be built



theHawk
01-17-2008, 04:27 PM
Its funny how these land owners and border-town Mayors have names like Cortez. Gee I wonder why they are so against slowing down illegal immigration. Where do their loyalties lie?

While I am 100% for the constitutional rights of land owners, we all have to put up with easement restrictions on our land. However, the Federal government has the right to access and patrol our international borders. Otherwise some Mexican sympathizers can just buy land on the border and let them freely cross over? I don't think so...



EL CALABOZ, Texas (CNN) -- Eloisa Tamez says she isn't scared anymore, just determined. "I am not backing down," she said.


The U.S. government wants to build a border fence like this one. About 100 landowners are fighting it.

Tamez owns three acres of land along the Texas-Mexico border where the Department of Homeland Security would like to build a border fence. The property is a remnant of a 12,000-acre grant from Spain to her family in 1767, before the United States even existed.

"It is my history. It is my heritage," Tamez said.

This week, the Justice Department began legal action against landowners and municipalities who have refused to give government surveyors access to their land.

Tamez expects she will be sued sometime soon, but she is not intimidated.

Asked how long she will fight, she said, "As long as I have to."

Michael Chertoff, the Secretary of Homeland Security, said the fence will not be stopped by opponents like Tamez.

http://www.cnn.com/2008/US/01/17/border.fence/index.html

Little-Acorn
01-17-2008, 05:36 PM
Two words: EMINENT DOMAIN.

They can refuse all they want.

A different town tried this, and look what they got for their trouble. This one is supposedly "temporary", but if the Fed can do that, they can do it permanently.

Of course, perhaps there is a way we can accommodate these people's desire that their land not be disturbed: Build the fence NORTH of the town rather than south.

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http://www.ksat.com/news/15061968/detail.html?rss=ant&psp=news

Judge Orders Eagle Pass To Surrender Land For Border Fence
Mayor: 'That Seems A Little Heavy Handed'

UPDATED: 4:19 pm CST January 16, 2008

WASHINGTON -- A federal judge has ordered the city of Eagle Pass to temporarily turn over its land to the federal government so it can begin to build a border fence.

U.S. District Judge Alia Moses Ludlum on Monday ordered the small border town, which is about 100 miles southwest of San Antonio, to "surrender" 233 acres of city-owned land. The Justice Department sued the city the same day for access to the land.

The order was made without a hearing and without representatives of the city present. The government had warned the city, which officially opposes the fence, it would sue under eminent domain laws to secure access to the property, declaring it is "taking" the property for 180 days.

Ludlum's order said the United States of America, named as the plaintiff in the case, is entitled to possession or control of the property as requested.

"Well, that seems a little heavy handed," Eagle Pass Mayor Chad Foster said Wednesday, learning of the court order from The Associated Press. "You've got to appreciate the consistency."

He said the city of about 25,000 was served with papers from the lawsuit at 11:30 a.m. Tuesday and officials were busy with a council meeting and other routine matters and hadn't completely reviewed the papers.

Ludlum ordered the property to be surrendered by Tuesday.

nevadamedic
01-17-2008, 05:43 PM
Its funny how these land owners and border-town Mayors have names like Cortez. Gee I wonder why they are so against slowing down illegal immigration. Where do their loyalties lie?

While I am 100% for the constitutional rights of land owners, we all have to put up with easement restrictions on our land. However, the Federal government has the right to access and patrol our international borders. Otherwise some Mexican sympathizers can just buy land on the border and let them freely cross over? I don't think so...




http://www.cnn.com/2008/US/01/17/border.fence/index.html

This is a touchy subject, it really is. I do feel bad for the land owners, how would you like it if someone came to your land and said hey, were the Government and were going to take it, we need it. You would be pissed, anyone would.

On the flip side is it is a necessary evil. Going to court is pointless, they will lose. I think the Government should be able to take it but I also think they should be paid above market value for it.

AFbombloader
01-17-2008, 05:49 PM
There is three acres left from 12,000 and she says it is her family's heritage! What about the other 11,997 acres that her familt got rid of!

Take the land, build the fence and give it back if you have to. Or buy it, whatever it takes.

AF:salute:

Kathianne
01-17-2008, 05:59 PM
I read that article this morning. It seems that something needs to be done about irrigation from the Rio Grande. With that caveat they should get 'market value' and really they don't have a case; eminent domain is allowed for the 'public good', very different than that case where it was being used to increase tax revenues.

Little-Acorn
01-17-2008, 06:27 PM
Eminent Domain is distasteful but sometimes necessary. If a state needs to build a new courthouse or whatever, and your home sits on the only land that is suitable, the state can force you to seel, and pay you a "reasonable" amount for it. Of course, a lot of fighting goes on over what "reasonable' is. and the landowner is never happy - otherwise he would have sold without being forced to. The process must be restricted to matters of high necessity - and more fighting takes place over just how necessary it is. But Eminent Domain is a sad but necessary part of government.

In the case of people whose land adjoins the border, when the Fed wants to fence off the entire border, the landowners unfortunately don't have a leg to stand on. Their land is the ONLY land that can be used, and MUST be - you can't leave holes in a fence, and you must also have space to adequately patrol the fence so it won't get cut to pieces.

This problem will recur time and again along the entire 2,000 mile stretch of our southern border, unfortunately. Assuming the Fed gets its act together and actually builds the fence, somethig I'll believe when I see it.

Psychoblues
01-17-2008, 10:15 PM
This needs to be taken to a vote amongst equal Americans. I don't one penny of my tax dollars being used to purchase land to which any other red blooded American can prove title and ownership.

actsnoblemartin
01-18-2008, 02:02 AM
I think the fence is vital, and the government should pay for the land, and if the people wont give up the land neccesary, the government in this case only should make an exception and take the land.

the right of all americans safety outweigh the rights of a few.

IMHO :)

pegwinn
01-18-2008, 09:22 PM
This problem will recur time and again along the entire 2,000 mile stretch of our southern border, unfortunately. Assuming the Fed gets its act together and actually builds the fence, somethig I'll believe when I see it.

Easy Solution: Build the fence across the land of those who allow it. Then the illegals will simply start crossing via the unfenced land. The owners will get tired of it and then can put up a fence at their own expense. And, it will create a natural choke point making it easier to bag, tag, and return.


the right of all americans safety outweigh the rights of a few. IMHO :)

Aren't we supposed to make sure the majority cannot become a tyranny?

Pale Rider
01-18-2008, 10:15 PM
Of course, perhaps there is a way we can accommodate these people's desire that their land not be disturbed: Build the fence NORTH of the town rather than south.

Heck no... don't give them an inch. This country has a major crisis on it's hands that it needs to correct. You can either help or not, but if you oppose it, you don't need to be here, because you have misplaced loyalties.

Classact
01-18-2008, 10:32 PM
I think that most of the population on the border fence is Mexican even on the US side... it isn't about the land because much of the land in that area of Texas wouldn't make a good parking lot and an acre wouldn't feed a goat.

Next month Homeland Security will start checking ID's on the border... duh, they will start on Feb 1 for the first time checking ID's of people crossing at legal checkpoints. Until then a library card or water bill from a US address is ID. Guess it will be an impossible task to have border patrol at the legal crossing points to decide if a birth certificate in the US is a real paper or not even then.

I think we could do without the fence if we simply enforced hiring practices... if you can't work then you need an open border to return to Mexico. Train all of the border patrol to inspect day labor spots, factories, farms or wherever until they get the idea that they are not welcome here.

Check this out http://www.dhs.gov/xnews/releases/pr_1200677666905.shtm

82Marine89
01-18-2008, 10:40 PM
For those of you that have never been to the border, this article is bullshit. The fence that is already built is three feet inside of the US/Mexeeko border. Then there is the G-road, or government road that usually runs along it. These are on average 20-30 feet wide. Then the private property starts. I have patrolled the border in both California and Arizona and that is they way I have always seen it. Areas where they couldn't put a road because of terrain still had a barbed wire fence that was a delineation point for us to walk along. It let us know the difference between public and private property.

http://i8.photobucket.com/albums/a28/82Marine89/Border011.jpg

http://i8.photobucket.com/albums/a28/82Marine89/Border009.jpg

http://i8.photobucket.com/albums/a28/82Marine89/5-19014.jpg

Me at Border Monument 244
http://i8.photobucket.com/albums/a28/82Marine89/Mon234.jpg

That is the hike to it. Close to the top of the ridge line.
http://i8.photobucket.com/albums/a28/82Marine89/Border015.jpg

MtnBiker
01-19-2008, 11:55 AM
This needs to be taken to a vote amongst equal Americans.

That suggestion shows your true ignorance of our represenative republic.

nevadamedic
01-19-2008, 02:20 PM
That suggestion shows your true ignorance of our represenative republic.

Psychoblues ignorant? No way! :laugh2::laugh2::laugh2::laugh2::laugh2::laugh2:

Little-Acorn
01-19-2008, 08:03 PM
82Marine89, you ever get buzzed by a Cessna when you were there on the border?

82Marine89
01-19-2008, 09:23 PM
82Marine89, you ever get buzzed by a Cessna when you were there on the border?

Hell yes. Especially when the Minutemen were placing American flags along the border as they repaired the fence. Can you tell those are Campo photos? I was with BSAR at the time those photos were taken.