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Real Estate & Property Law

: National Eminent Domain Blog

Border Takings

By Alan Ackerman

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The Brownsville Herald

Before construction can begin on the border fence, the federal government must purchase a large stretch of South Texas land from private landowners.

But in Cameron County, the government's offers have been met with resistance from residents unwilling to sell their land.

For some, it's the principle. For others, it's the price.

This week, 16 permanent condemnation lawsuits were filed against Cameron County landowners. After more than 50 lawsuits were filed over temporary access to land in early 2008, these are the first cases that deal with permanent land seizures.

In almost all cases, the government is seeking to purchase land on which the fence will be erected. The lawsuits also request a permanent easement - usually a small fraction of an acre - which will serve as a byway for the U.S. Border Patrol.

"What they offered me is not even one tenth of what my land is worth," said Abraham Galonsky, who is being sued over his commercial property in Southmost. "The number is completely out of line."

Galonsky hopes that the U.S. District Judge Andrew S. Hanen will determine a more reasonable price for his 6.17 acres. No court date has been set for any of the 16 lawsuits.

Although the tracts in question range from .02 acres to more than six acres, the language of each lawsuit is nearly identical.

"You may present evidence as to the amount of compensation to be paid for the property acquired herein," each document reads.

In Galonsky's case, the government seeks a two-year lease, which would enable the construction of an office and a temporary storage area on his property.

"When they take away access and limit the land, they're doing damage to the land's value - that's what they're not considering in their offer."

Officials from the Department of Homeland Security have made it clear that once they've finished purchasing land along the border, the fence's construction could begin immediately thereafter.


-“Temporary takings” offer a number of diverse economic calculations in order determine Fair Market Value under the Federal standards. A two-year temporary taking may not simply be “rental value.”

Full post as published by National Eminent Domain Blog on May 19, 2008 (boomark / email).

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