From: (b) (6)

To: (b) (6)

Subject: FW: RGV resident blocks seizure of her land for border fence
Date: Friday, February 08, 2008 6:10:17 AM

Good morning (b) (6)

Can you please provide additional information to everyone on the hearing and lawsuit?

Thanks.

(b) (6)
Secure Border Initiative
U.S. Customs and Border Protection
(b) (6)
For more information about the Secure Border Initiative, visit www.cbp.gov/sbi or contact us at SBI info@dhs.gov.

Rio Grande valley resident blocks seizure of her land for

border fence
Texan sued Homeland Security over seizure of land near Brownsville
09:31 PM CST on Thursday, February 7, 2008
By DAVID McLEMORE / The Dallas Morning News
dmclemore@dallasnews.com
A Cameron County woman successfully – if temporarily – blocked the federal government
Thursday from taking her land for construction of a planned border security fence.

A hearing in Brownsville on a Department of Homeland Security lawsuit against Eloisa

Tamez, 72, to force her to make her property available to government surveyors turned into a
two-hour hearing on whether the government had acted illegally to seize the land.

A day earlier, Dr. Tamez, whose eight acres along the Rio Grande 14 miles west of
Brownsville has been in her family since 1767, sued Homeland Security Secretary Michael
Chertoff and other federal officials, alleging they had failed to abide by recent changes in the
law requiring Homeland Security to consult with local landowners and officials before taking
the land.

"We hope [the lawsuit] will be expanded to cover all property owners along the border with
Mexico who have been threatened by Homeland Security with court orders to take their
land," said Peter Schey, director of the Center for Human Rights and Constitutional Law.

U.S. District Judge Andrew Hanen took no action Thursday. A hearing on the issues will be
held later.
The court setback and the lawsuit come on the eve of Mr. Chertoff's visit to McAllen Friday.
He is expected to finalize an agreement with Hidalgo County officials on a proposal to
strengthen flood levees with a concrete wall that would be incorporated into the border fence
plan.

His office had no comment on the lawsuit.

Federal law mandates the construction of 670 miles of single- and double-fencing at strategic
locations across the Southwestern border – including 180 miles in Texas.

In December, the government notified 135 landowners in California, Arizona and Texas that
they must make their property available for surveys and site evaluations for six months. Of
those notified, 102 refused – 71 in Texas, including Dr. Tamez.

About 50 landowners, including the City of Eagle Pass and individuals, have been sued by
the government and ordered to make their border property available to government surveyors
for possible site of the border fence.

In the majority of cases, Mr. Schey said, the landowners had no legal representation or were
served with the government's suit after a federal judge had already issued an order.