FOR OFFICIAL USE ONLYFOR OFFICIAL USE ONLY
FOR OFFICIAL USE ONLY As of January 15, 2007 DRAFT
State and Congressional DistrictState
BobFilner RaulGrijalvaGabrielleGiffordsStevePearceSilvestreReyesCiroRodriguezHenryCueller RubenHinojosaSolomonOrtiz# of Non-Federal Owners /Condemnations
Estimated Fence Miles*Estimated Acres**
* Not all condemned properties are reflected in fence miles as some lie on roads/staging areas needed for access to the proposed fencealignment** Acres and parcels reflect total parcels condemned for temporary rights of entry – not the amount of land needed for construction;acres and parcels are evolving as land records are researched in the filed and unknown owners are identified
Because the Government has not received these ROEs and has an immediate need to enter properties to conduct the assessment activities, condemnation for that temporary right is thefinal recourse available to the Government.
This condemnation action is to acquire a temporary easement to enable the Government toaccess the site to conduct the necessary environmental, engineering and real estateassessments. The access easement is limited to a 180-day period.
tThe process began in early December witha letter being sentto each landowner, notifying
each that we anticipateda ‘declaration of taking and complaint in condemnation’to be filed
within 30 days to acquire a temporary easement in the appropriate United States DistrictCourt within their state.
Court filings began the week of January 14 and are expected to continue during thefollowingweek s. Local United States Attorney’s offices are filing the cases, based on their respectiveworkloads, after they receive the necessary documentation and filing fees.
It is possible that some of the landowners may decide to voluntarily convey the real estateinterest needed for the fence itself and related infrastructure even after the governmentacquires the temporary easement.
The landowner will be served with notice of the condemnation upon filing of the case.
Communicating Continuously Regarding the Path Ahead
DHS strives for a transparent and consultative process as we move forward with theadditional 225 miles of fence construction.
This condemnation does not negate input from landowners or environmental mitigationefforts to accommodate specific circumstances if fence is ultimately constructed.