DHS files suit against cooperating landowners

In an ironic twist, one of the border fence's staunchest advocates in Brownsville has been sued by the federal government over his land along the Rio Grande.

Several months after Rusty Monsees agreed to sell 3.3 acres of his Southmost property to the government for $41,600, he is now being sued over the same swath of land. The lawsuit, which was filed June 21, includes no indication that a negotiation ever took place between Monsees and federal representatives.

Monsees is now left to wonder what changed since he signed on the dotted line, offering not only his consent, but also his unwavering approval for the Department of Homeland Security's project.

"At the kickoff, they assured me I wouldn't be a part of the lawsuit," Monsees said. "Now I have to get an attorney even though I made it clear that I want the fence to be built."

The lawsuit filed against Monsees - one of more than 100 land condemnation cases pending in Cameron County - is likely an attempt to clear the title on his land. The U.S. Army Corps of Engineers calls the type of case a "friendly land condemnation."

In a conversation with the Brownsville Herald last month, an official from the Corps of Engineers referred to the measure as "an archaic obstacle," which is made necessary by convoluted land titles in South Texas.

Monsees is offended by the lawsuit, and by the brusqueness of the attorneys who filed it. He is still not sure why he is being sued.

"I was the one who signed up for this thing first," he said. "And I'm the one who deserves answers." 

Monsees also fears that he won't be able to afford legal representation. If federal attorneys amend their offer, he said, he doesn't know how he'll defend himself.

Already, the government added a request to lease an additional 3.74 acres of his land for a two-year temporary work easement.

The U.S. Army Corps of Engineers reported that over 100 friendly land condemnations could be filed in Texas to clear the titles of property along the border. Even more condemnation lawsuits have been filed in cases that could not be resolved between the government and landowners.

In all, the cases have dominated the federal court's files for the last month, but no court date has been scheduled.