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Eminent Domain vs. The Wall

Here's an interesting twist on the immigration debate that I hadn't seen before:

Landowners and political leaders intensified their opposition to a controversial border fence Wednesday after the Justice Department forced the border city of Eagle Pass, Texas, to relinquish 233 acres of land in a prelude to constructing the barrier.

Eagle Pass Mayor Chad Foster assailed the Bush administration's actions as "sneaky underhanded measures" as he responded to a district court order forcing the city to temporarily turn over the land. The Justice Department sought the property to allow government surveyors to begin assessing sites for construction of the fence.

"We haven't figured out what we did to make the big guy mad," Foster said.

A U.S. district judge in Del Rio, Texas, ruled in favor of the Bush administration as the Department of Homeland Security began pressing ahead with more than 100 lawsuits to begin seizing property from holdout landowners in Texas, Arizona and California in its efforts to construct hundreds of miles of fencing by the end of the year.

DHS spokeswoman Laura Keehner stressed that the lawsuits are designed to give the government temporary access to the land for surveying and site assessment in preparation for construction. At least some of the property, she said, may not wind up as a site for the fence.

Limiting the power of the federal government to take land has always been a key element of conservative rhetoric. In this case, however, that concern is bumping up against demands to build a wall along the southern border. Unfortunately for Democrats, however, this isn't one they are going to be able to sit out and watch from the sidelines.

The leader of CASA, a coalition of border area residents and property owners, said the lawsuit likely would prompt the group to step up its opposition to the fence.

"It's outrageous," said Elizabeth Garcia of Brownsville, Texas. "They're taking away from the people their basic rights."

The umbrella group, which represents 12 organizations and includes at least three holdout landowners, will consult its attorneys to map out possible recourse. Members of the coalition, who have held several demonstrations, also plan "door-to-door" visits in cities along the border to enlist more opponents to the fence.

Rep. Henry Cuellar, a Democrat from the border city of Laredo, Texas, said he understands the anger and frustration along the border but said the DHS is responding to legislation that Congress passed requiring fencing along the border.

"I support the border communities," he said, "but the law's the law."