Chertoff sets 30 day deadline for landowners

McALLEN — Landowners along the U.S. border with Mexico have 30 days to allow federal surveyors on their land or they will be taken to court, U.S. Homeland Security Secretary Michael Chertoff warned Friday, ratcheting up tension over the controversial border fence plan.

“We will continue to use every tool, resource and authority we have,” Chertoff said at a news conference in Washington, D.C.

“Without the participation of border residents and the technology to span remote areas, we place an unfair burden on our frontline personnel.”

Since late summer this year, the federal government has contacted some 600 landowners, requesting they allow surveyors access to their properties to determine the placement of the fence. Of those, about 90 people have not responded and 60 more have refused, according to U.S. Customs and Border Protection.

“The vast majority are in Texas, in South Texas actually,” said Laura Keehner, a Homeland Security spokeswoman.

“At this point we don’t know exactly what the land is going to be used for. That’s what we need access for.”

Homeland Security officials sent out letters Friday to those landowners still holding out, informing them that they need to respond to the department by the end of December or the government would file a petition in federal court.

Chertoff also reiterated earlier statements that he would use the government’s right of eminent domain to acquire property from those unwilling to sell their land at a price considered fair by federal negotiators.

“We’re going to give them fair market value and not any more,” Keehner said.

“As Mr. Chertoff said in his speech today, some people are trying to cheat the government.”

President Bush last year approved some 700 miles of fencing and barriers along the U.S. border with Mexico. So far, Homeland Security has built about 150 miles of fencing and is expecting to complete another 220 miles by the end of 2008, in addition to 200 to 300 miles of vehicle barriers.

In the Rio Grande Valley, where 70 miles of fencing has been designated, protest has been widespread.

Farmers, who use the Rio Grande to irrigate, have complained they could be cut off from their water pumps. Politicians have expressed concern over the message the fence sends to Mexico and what effect it might have on commerce with that country. And environmentalists have questioned what damage the fence, which is expected to pass through federal wildlife refuges, would have on local plant and animal species.

U.S. Rep. Henry Cuellar, D-Laredo, said Friday that while the fence was more or less a certainty at this point, he was still hopeful that some “flexibility” could be written into the plan. A possible amendment to the existing $1.2 billion appropriations bill is scheduled for debate in Congress next week.

“I never say never. I want to keep fighting,” Cuellar said.

“It’s very important the community does participate and tell the government what they think.”

Homeland Security-sponsored meetings on the environmental impact of the proposed fence are scheduled to take place next week in McAllen, Brownsville and Rio Grande City.

With their letters now in the mail, many landowners are already considering legal action, said Monica Weisberg-Stewart, a representative to the Texas Border Coalition, a group of local government officials advocating on behalf of Texas border communities.

Jimmy Pawlick, a citrus and vegetable farmer with 1,200 acres south of McAllen, said the U.S. Border Patrol requested access to his land last month and he refused. Now that the government will likely be seeking a court order against him, Pawlick said he would seek legal counsel.

“Let them go ahead and try. I’ll make it so painful for them,” Pawlick said.

“I told (the Border Patrol agents), ‘Hell no, I wouldn’t do it.’ Let them get on your property and do whatever they want? … You’d have to be crazy from a business standpoint.”

What recourse landowners will have in keeping federal surveyors off their land is likely minimal. The law authorizing the fence granted Chertoff sweeping powers in constructing it, and in other areas has bypassed federal environmental regulations.

David Calvillo, a McAllen lawyer with experience in eminent domain law, said landowners should start trying to establish the best price possible for their land.

“They can arm themselves with financial data on the value of their property,” he said.

“The values these guys (the feds) are going to offer will be minimal.”