OBP006271

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PF 225 Condemnations
Talking Points

Background

 Secretary Chertoff has committed that DHS will build a total of 370 miles of pedestrian fence
along the southwest border by the end of CY 2008.

 By the end of FY 2007, CBP had more than 145 miles of pedestrian fencing completed along
the southwest border. By the end of CY 2008, an additional 225 miles will be built, for a
total of 370 miles.

Condemnation

 Since May 2007, DHS has engaged in extensive discussions about the placement of the
remaining 225 miles of fencing with state and local stakeholders, including landowners, to
ensure that our investments effectively balance border security with the diverse needs of
those that live in border communities. As part of these outreach efforts, DHS has contacted
almost 600 different landowners and held 18 town hall meetings.

 As a result of these outreach efforts, there are many instances where we were able to make
modifications to our original plans to accommodate landowner/community
concerns/requirements while still meeting our operational needs. Some examples include:

1. We made numerous alignment changes to the Rio Grande Valley segments to limit
impacts to the U.S. Fish and Wildlife (USFWS) National Wildlife Refuge areas, a bird
watching observation facility in the City of Roma, and negate the need to relocate
approximately 30 residences.

- The fence alignment at the Roma Port of Entry (POE) was initially proposed to be on
top of a 30-foot bluff because we were not sure if it could be built below, due to flood
plain issues. During our site visit in September, it was determined that placing the
fence at the top of the bluff would impact historical buildings and brought about
constructability issues. Building the fence on the bottom of the bluff would also
make better operational sense. Based on these findings, U.S. Border Patrol, U.S.
Army Corps of Engineers, and USFWS agreed that the fence would be placed at the
bottom of the bluff.

U.S. Fish and Wildlife doesn’t have any property around the Roma POE but supports
the placing of the fence at the base of the bluff with the condition that brush removal
will be minimal on both sides of the fence.

Schematics of this approach will be submitted to International Boundary and Water

Commission for approval.

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2. In Del Rio, Texas, we relocated an approximately 2.3 mile segment to negate the need to
relocate approximately 10-12 residences.

3. In San Diego, California, we changed the alignment of a segment to significantly reduce

the impacts to the Otay Mountain Wilderness area.

 Although final decisions on precise fence locations have not been made, Border Patrol
Agents and U.S. Army Corps of Engineers (USACE) real estate specialists have been asking
private landowners for a Right of Entry for Survey and Site Assessment (ROE-S).

- The ROE-S provides the government with access to gather more detailed information
necessary to make informed decisions in deploying tactical infrastructure (e.g. fence,
roads, and lighting).

 Despite our outreach efforts, there are a number of landowners who have not signed the
ROE-S. Of these landowners, a majority of these people have simply not responded.

- As of January 15, 2008, 36 landowners were unresponsive, 43 refused to sign, and we

could not identify the landowner for 21 parcels of land.

 As of January 15, 2008, there were 100 landowners who had not signed the ROE-S, broken
out as follows:

Border Patrol Sector

SDC ELC YUM TCA EPT MAR DRT LRT RGV

Non-Federal Owners (b) (5)
Parcels**
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 fence
alignment
** 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

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State and Congressional District

State CA AZ NM TX
Congressional District 51 7 8 2 16 23 28 15 27
Bob Raul Gabrielle Steve Silvestre Ciro Henry Ruben Solomon
Congress Person
Filner Grijalva Giffords Pearce Reyes Rodriguez Cueller Hinojosa Ortiz
# of Non-Federal Owners / (b) (5)
Condemnations
Parcels**
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 fence
alignment
** 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 the
final recourse available to the Government.

 This condemnation action is to acquire a temporary easement to enable the Government to

access the site to conduct the necessary environmental, engineering and real estate
assessments. The access easement is limited to a 180-day period.

 tThe process began in early December with a letter being sent to each landowner, notifying Deleted: We will begin
each that we anticipated a ‘declaration of taking and complaint in condemnation’ to be filed Deleted: by sending
within 30 days to acquire a temporary easement in the appropriate United States District Deleted: will
Court within their state.

 Court filings began the week of January 14 and are expected to continue during the following
weeks. Local United States Attorney’s offices are filing the cases, based on their respective Deleted: of January 21
workloads, after they receive the necessary documentation and filing fees.

 It is possible that some of the landowners may decide to voluntarily convey the real estate
interest needed for the fence itself and related infrastructure even after the government
acquires 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 the
additional 225 miles of fence construction.

 This condemnation does not negate input from landowners or environmental mitigation
efforts to accommodate specific circumstances if fence is ultimately constructed.

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 General notice of this condemnation process, without discussion of any specific tracts or
landowners, is being provided to impacted Congressional offices and state and local officials.

 Fencing may not necessarily be constructed in all locations where we acquire a temporary
easement through this condemnation process. However, in order to complete necessary on-
the-ground assessments, CBP and the Army Corps of Engineers must have access to the
property.

 If and when a portion of a property is ultimately deemed suitable and necessary to support
construction of border security tactical infrastructure (e.g. fence, road, lighting), DHS and the
Army Corps of Engineers will continue to work with landowners to reach agreement on land
valuation issues as these assessments are conducted.

 We will keep you informed as we continue to move forward and make further decisions on
fence locations.

Fencing as Part of the Broader Strategy to Secure U.S. Borders

 Fencing is but one element of DHS’s layered defense plan to gain effective control of our
Nation’s borders. Our comprehensive plan includes additional, substantial investments in
technology, infrastructure and enforcement personnel.

 Fencing and technology are complementary tools. Technology allows the Border Patrol to
identify and track illegal activity. Fencing gives Border Patrol agents time they need to
respond to illegal cross border activity. A combination of technology and tactical
infrastructure best allows Border Patrol to do their job safely and effectively.

 Fencing also acts as a deterrent and barrier from violent crimes and smuggling across our
southwest border. By reducing our vulnerability to illegal crossings, we are able to reduce
our risk to environmental damage by trespassers and criminal activity coming across our
border.

 DHS will deploy the right mix of technology, tactical infrastructure, and personnel to secure
each mile of the border as quickly and efficiently as possible.

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