Fence condemnation suits still undecided

McALLEN -- Border fence construction is scheduled to wrap up by the end of 2008, but the fight over the land it will stand on could drag on for years.

U.S. District Judge Andrew Hanen declined to grant the federal government immediate possession Tuesday of nearly 10 acres of disputed land in Starr County.

But he indicated he would likely approve the U.S. Department of Homeland Security's efforts to take ownership once details over property boundaries and land access are resolved.

Compensation for the four affected landowners can be discussed after the titles have switched hands, Hanen said. He tentatively set trial dates to resolve outstanding issues for August 2009.

"Given the fact that none of the landowners want a fence and the fact that the government is under marching orders to build a fence," Hanen said, "this is something we ought to work out to accommodate both parties' needs."

Government plans still call for more 70 miles of segmented border fencing to be completed in the Rio Grande Valley by the end of this year. But so far, contractors have only begun construction on two sections in Hidalgo County.

Federal condemnation suits against landowners in Starr and Cameron counties have lingered in federal courts, delaying progress on construction.

Because planners have slated the Hidalgo County levee-fence project for publicly held lands, condemnation proceedings have not affected residents there.

The Starr County landowners at Tuesday's court hearings seemed resigned to the prospect of the government eventually taking their property but pointed out a number of questions they want answered first.

Dan Worthington, an attorney representing the Retama Manor Nursing Center in Rio Grande City, said conflicting maps he has received show the border fence either abutting the facility or cutting right through the building.

The city of Roma questioned how its work crews would access a municipal water pump slated to wind up on the south side of the barrier.

"My concern is how and which city employees are going to be able to get down there on a daily basis," attorney Robert Lee Drinkard said.

But Assistant U.S. Attorney Daniel Hu argued the government was not legally required to provide final surveys before taking possession of the land.

Judge Hanen ordered both sides to revisit the outstanding acq uisition issues and report back by Sept. 10. Problems with the compensation given to the landowners can be taken up at trial next year if not resolved beforehand, he said.

Hanen set a similar timetable for land suits in Cameron County at a hearing last month.

So far, the U.S. Department of Justice has initiated 19 condemnation proceedings against Starr County landowners. Officials expect to double that number before the fence construction begins.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.