Texas RioGrande Legal Aid has been working to defend the rights of landowners who live in the path of the border wall. Their legal defense of private property rights in south Texas comes as the Department of Homeland Security, led by Secretary Chertoff, is accused of repeatedly violating laws and court orders in their aggressive attmempts to condemn land to build the wall. DHS even went so far as to initiate condemnation proceedings against one of the few south Texas landowners who wanted the border wall, and who had already agreed to sell his land. The Texas Border Coalition continues to challenge the coercive tactics that DHS has employed as it attempts to take over private and municipal property. The University of Texas at Brownsville has announced that they will bring suit to force DHS to comply with a court order requiring that they explore others alternatives to a wall that would slice through their campus. And altough the Supreme Court refused to hear the constitutional challenge to the Real ID Act's waiver privision brought by the Sierra Club and Defenders of Wildlife, there is another constitutional challenge pending, brought by El Paso County, the El Paso County Water Improvement District No. 1, the Hudspeth County Conservation and Reclamation District No. 1, the Ysleta Del Sur Pueblo of the Tigua Nation, Frontera Audubon Society, the Friends of the Wildlife Corridor, and the Friends of Laguna Atascosa National Wildlife Refuge, and Brownsville’s Galeria 409.
The following press release was sent out by Texas RioGrande Legal Aid regarding their ongoing efforts on behalf of private landowners threatened by the border wall:
LOS EBANOS, Texas – Two Rio Grande Valley families will be taking their legal fight against the federal government regarding the construction of the border wall to New Orleans, Louisiana.
Represented by Texas RioGrande Legal Aid (TRLA), the largest provider of legal aid in Texas, the families of Hilaria and Baldomero Muniz and Pamela Rivas are fighting the government’s efforts to take their land to build a wall along the Texas – Mexico border. The legal battle will continue in the Fifth Circuit Court of Appeals in New Orleans on July 8th. The Court will convene at 9 am.
The legal battle began when the Department of Homeland Security (DHS) filed lawsuits against the families to gain access to their land to begin planning the border wall. The families have argued that DHS did not follow the legal steps required before initiating the condemnation proceedings. DHS has sued more than fifty Rio Grande Valley landowners in the border wall process.
According to TRLA attorney Jerome Wesevich,“The government is required to negotiate a reasonable price for the property with these families before they use the court system. The government’s reasonable price was nothing.”
Both the Muniz and Rivas families have owned property in Los Ebanos for several decades. Baldomero and Hilaria Muniz worked as migrant farmworkers to save the money to build their house along the Rio Grande River. They have raised five children in that house and currently use the land to raise goats that they depend on to survive.
“Zero dollars is not a reasonable price for these families’ livelihoods,” added Wesevich. “The government needs to comply with its own laws. Right now, its failure to do so is at the expense of hardworking border landowners.”
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality legal assistance and related educational services.
Contact: Jerome Wesevich, Attorney
915.241.0534
jwesevich@trla.org
Cynthia Martinez, Communications Director
512.374.2764
cmartinez@trla.org
Showing posts with label Texas Rio Grande Legal Aid. Show all posts
Showing posts with label Texas Rio Grande Legal Aid. Show all posts
Friday, June 27, 2008
Thursday, May 8, 2008
DHS Violates the Law in Condemning Private Property for the Border Wall
Texas RioGrande Legal Aid has been providing legal advice and representation to private property owners threatened by the border wall who could not otherwise afford a lawyer. The Department of Homeland Security has been trying to browbeat landowners into signing over access to their lands. Even in cases in which a farm or ranch will be sliced in half, and a lack of access to the Rio Grande for irrigation will make farming more expensive or completely untenable, DHS has only offered to pay for the slice of property that the wall sits on. Property owners whose land is entirely behind the wall will receive no compensation, even though the liklihood that anyone will want to buy their property in the future is next to nothing. TRLA has done commendable work on behalf of border residents, and the No Border Wall Coalition commends their efforts.
TRLA released the following press release regarding their efforts to defend private property owners on May 8, 2008:
NEW ORLEANS, Louisiana – Today the United States Court of Appeals for the Fifth Circuit ordered that oral arguments on a series of border wall lawsuits will begin the week of July 7.
The issue to be addressed by the Court is whether the Department of Homeland Security (DHS) violated federal law by condemning land for the border wall before negotiating a price for the property. Represented by Texas RioGrande Legal Aid (TRLA), the largest provider of legal aid in Texas, the landowners are arguing that the government is not following the legal steps required in the condemnation process.
Landowners in the cases on appeal claim that, because the Government failed to offer any money, it cannot sue them for land access. DHS is arguing that it did not offer the landowners any money because it “deemed $0.00 to be a reasonable price” and the courts do not have the power to question the government’s determination of the price’s reasonability.
“If the government’s condemnation power is really that broad, then nobody has the power to make them comply with their own laws,” said TRLA attorney Jerome Wesevich, “The government asserts absolute power in this case and that power can’t be questioned by anyone.”
Landowners involved in the litigation include Baldomero and Hilaria Muñiz of Los Ebanos, Texas. The elderly couple worked as migrant farmworkers and used their earnings to build a house on the border. They raised their five children in the house and now tend goats on their small piece of land to survive. In June 2007 DHS approached Mr. Muñiz and told him that he had to give the Department access to his property or be sued by the federal government.
“This land is their livelihood,” added Wesevich. “Saying that it isn’t worth a penny is insulting.”
The U.S. Court of Appeals for the Fifth Circuit case number is 08-40372.
###
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality legal assistance and related educational services.
Contact: Jerome Wesevich, Attorney
915.241.0534
jwesevich@trla.org
Cynthia Martinez, Communications Director
512.374.2764
cmartinez@trla.org
TRLA released the following press release regarding their efforts to defend private property owners on May 8, 2008:
NEW ORLEANS, Louisiana – Today the United States Court of Appeals for the Fifth Circuit ordered that oral arguments on a series of border wall lawsuits will begin the week of July 7.
The issue to be addressed by the Court is whether the Department of Homeland Security (DHS) violated federal law by condemning land for the border wall before negotiating a price for the property. Represented by Texas RioGrande Legal Aid (TRLA), the largest provider of legal aid in Texas, the landowners are arguing that the government is not following the legal steps required in the condemnation process.
Landowners in the cases on appeal claim that, because the Government failed to offer any money, it cannot sue them for land access. DHS is arguing that it did not offer the landowners any money because it “deemed $0.00 to be a reasonable price” and the courts do not have the power to question the government’s determination of the price’s reasonability.
“If the government’s condemnation power is really that broad, then nobody has the power to make them comply with their own laws,” said TRLA attorney Jerome Wesevich, “The government asserts absolute power in this case and that power can’t be questioned by anyone.”
Landowners involved in the litigation include Baldomero and Hilaria Muñiz of Los Ebanos, Texas. The elderly couple worked as migrant farmworkers and used their earnings to build a house on the border. They raised their five children in the house and now tend goats on their small piece of land to survive. In June 2007 DHS approached Mr. Muñiz and told him that he had to give the Department access to his property or be sued by the federal government.
“This land is their livelihood,” added Wesevich. “Saying that it isn’t worth a penny is insulting.”
The U.S. Court of Appeals for the Fifth Circuit case number is 08-40372.
###
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality legal assistance and related educational services.
Contact: Jerome Wesevich, Attorney
915.241.0534
jwesevich@trla.org
Cynthia Martinez, Communications Director
512.374.2764
cmartinez@trla.org
Wednesday, January 16, 2008
Homeland Security is suing landowners to build the border wall
Texas Rio Grande Legal Aid issued the following press release:
WESLACO, Texas – Texas RioGrande Legal Aid (TRLA), the leading provider of legal aid in Texas, is making itself available to border landowners facing lawsuits from the Department of Homeland Security (DHS) for access to their land to build a wall along the Texas-Mexico border.
The lawsuits come after DHS requested access to landowners’ property to plan the location of a wall along the United States – Mexico border. Approximately 600 landowners received requests and an estimated 70 Texas landowners who refused to comply are expected to be sued by Homeland Security as a result.
DHS’s first lawsuit was filed against the City of Eagle Pass on Monday. That same day United States District Judge Alia M. Ludlum ruled on the matter and ordered Eagle Pass to allow government surveyors to access 233 acres of city land for 180 days. In exchange, the federal government paid $100. The orders came without any opportunity for the City of Eagle Pass to voice an objection.
According to TRLA attorney Rebecca Webber, “The fact that the Department of Homeland Security would resort to these fly-by-night tactics in Eagle Pass signals that a tough legal battle lies ahead. We’re preparing for it.”
Border landowners throughout Texas have been anticipating the federal government’s actions for several months. Members of GLOW (Granjeno Landowners Opposed to the Wall) have spent the last two weeks waiting for any sign that the government will be taking legal action against them.
“Many of these landowners are afraid that the government is going to take away land that has been in their families for hundreds of years. They may not have much, but they’re willing to fight to keep it,” added Webber. “For many of them, the anxiety of not knowing what is going to happen has been stressful enough.”
TRLA has partnered with the South Texas Civil Rights Project to provide free legal services to landowners needing representation, regardless of their income level. The groups are available to make referrals to private attorneys, provide general legal advice, and represent landowners in government lawsuits.
“Texas RioGrande Legal Aid is available to provide free legal advice at every step of this process,” added Executive Director David Hall. “If landowners don’t want the wall built on their land or want to make sure that they get the best possible price for their property, we can help.”
TRLA encourages landowners needing legal assistance regarding the border wall to call 1-866-757-1570.
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services.
Contact:
Rebecca Webber, Attorney
956.447.4844 rwebber@trla.org
Cynthia Martinez, Communications Director
512.374.2764 cmartinez@trla.org
WESLACO, Texas – Texas RioGrande Legal Aid (TRLA), the leading provider of legal aid in Texas, is making itself available to border landowners facing lawsuits from the Department of Homeland Security (DHS) for access to their land to build a wall along the Texas-Mexico border.
The lawsuits come after DHS requested access to landowners’ property to plan the location of a wall along the United States – Mexico border. Approximately 600 landowners received requests and an estimated 70 Texas landowners who refused to comply are expected to be sued by Homeland Security as a result.
DHS’s first lawsuit was filed against the City of Eagle Pass on Monday. That same day United States District Judge Alia M. Ludlum ruled on the matter and ordered Eagle Pass to allow government surveyors to access 233 acres of city land for 180 days. In exchange, the federal government paid $100. The orders came without any opportunity for the City of Eagle Pass to voice an objection.
According to TRLA attorney Rebecca Webber, “The fact that the Department of Homeland Security would resort to these fly-by-night tactics in Eagle Pass signals that a tough legal battle lies ahead. We’re preparing for it.”
Border landowners throughout Texas have been anticipating the federal government’s actions for several months. Members of GLOW (Granjeno Landowners Opposed to the Wall) have spent the last two weeks waiting for any sign that the government will be taking legal action against them.
“Many of these landowners are afraid that the government is going to take away land that has been in their families for hundreds of years. They may not have much, but they’re willing to fight to keep it,” added Webber. “For many of them, the anxiety of not knowing what is going to happen has been stressful enough.”
TRLA has partnered with the South Texas Civil Rights Project to provide free legal services to landowners needing representation, regardless of their income level. The groups are available to make referrals to private attorneys, provide general legal advice, and represent landowners in government lawsuits.
“Texas RioGrande Legal Aid is available to provide free legal advice at every step of this process,” added Executive Director David Hall. “If landowners don’t want the wall built on their land or want to make sure that they get the best possible price for their property, we can help.”
TRLA encourages landowners needing legal assistance regarding the border wall to call 1-866-757-1570.
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services.
Contact:
Rebecca Webber, Attorney
956.447.4844 rwebber@trla.org
Cynthia Martinez, Communications Director
512.374.2764 cmartinez@trla.org
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