Judge Orders Negotiation Before Border Fence Property Seizure

BROWNSVILLE, Texas (AP) – A federal judge has ruled that the government must first try to negotiate a price with a South Texas landowner before seizing her property for the border fence.

The ruling by U.S. District Judge Andrew Hanen late Friday came a month after federal prosecutors argued that immediate access to property was necessary to get 370 miles of fencing built by December.

Under the ruling, the Department of Homeland Security must provide proof of bargaining with landowner Eloisa Tamez or conduct “good faith” negotiations with her by March 21.

Tamez’s land can be condemned under the Declaration of Taking Act if she and the government do not agree upon a fixed price. That’s according to the Brownsville Herald.

(Copyright 2008 by The Associated Press. All Rights Reserved.)