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C
ENTER FOR 
H
UMAN
R 
IGHTS AND
C
ONSTITUTIONAL
L
AW
 
256 S
OUTH
O
CCIDENTAL
B
OULEVARD
 L
OS
A
 NGELES
, CA 90057Telephone: (213) 388-8693Facsimile: (213) 386-9484www.centerforhumanrights.org
April 22, 2009
URGENT Via First Class Mail and email to Kevin.Aiman@usjoj.gov
Kevin C. AimanAssistant U.S. AttorneyUS Attorneys Office919 Milam Travis St. Ste. 1500Houston, Texas 77208-1129
Re: U.S. v. .26 Acres of Land, and Eloisa G. Tamez, et al, 1:08-cv-0351; U.S. v. .41Acres of Land and Benavides, et al, 1:08-cv-309.
Dear Mr. Aiman:I am in receipt of your letters dated yesterday setting forth theGovernment’s intention to exercise its right of possession granted by JudgeHanen’s April 16, 2009 Orders in the two above-entitled actions, and explainingthe steps the Government plans to take to minimize the impact on theenvironment, culture, commerce and quality of life. The Government indicatesthat construction may begin as early as today and will be completed within oneweek.The April 16, 2009 orders states that the Government is “hereby
ORDERED
to consult with the landowners . . .
prior to exercising the rights given inthis order
… to resolve (1) when and how the United States will take possession of the property; [and] (2) the steps Plaintiff will take to minimize the impact on theenvironment, culture, commerce and quality of life for the defendant….” Orderat 5 (emphasis added).
Giving less than twenty-four (24) hours notice to defendants fails to comply witheither the applicable statute or the Court’s Order of April 16
. Further, we do not agreethat the unilateral steps that the Government has set out to “minimize the impacton the environment, culture, commerce and quality of life” are sufficient toaddress the concerns of the defendants in these cases.The defendants’ concerns are set forth in the attached documents whichare incorporated by this reference.We would like to commence an immediate discussion regarding thedefendants’ concerns.
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