Federal government sues to take Mount Cristo Rey land next to border
Heriberto Perez Lara
SUNLAND PARK, New Mexico (KVIA) — The U.S. government is seeking to expand the border wall construction and security presence south of Mount Cristo Rey, and wants to use eminent domain to take the land for it.
ABC-7 obtained court documents stating the U.S. federal government is suing the Catholic Diocese of Las Cruces and the Doña Ana County Treasurer over 14.259 acres of land, “more or less,” located in Doña Ana County, New Mexico.
Eminent domain is a power of the government to take private property for public use. As stated in the takings clause of the Fifth Amendment, “just compensation” or fair market value must be paid for any property taken this way.
Court documents also state, “this is a civil action” brought by the federal government, at the request of the Secretary of the Department of Homeland Security (DHS), Markwayne Mullin.
This is also through the Acquisition Program Manager, U.S. Border Patrol Program Management Office Directorate, U.S. Border Patrol, U.S. Customs and Border Protection: “for the taking of property located in Dona Ana County, New Mexico, under its power of eminent domain and through a Declaration of Taking, and for the determination and award of just compensation to the owners and parties in interest.,” the federal filing says.
Maps show that the strip of land would be about 190 feet wide, starting at the border.
“The public purpose for which said property is taken is to construct, install, operate, and maintain roads, fencing, vehicle barriers, security lighting, cameras, sensors, and related structures designed to help secure the United States/Mexico border within the state of New Mexico,” the court filing also says.
ABC-7 reached out to the Catholic Diocese of Las Cruces, the Mount Cristo Rey Restoration Committee, the Department of Homeland Security and U.S. Customs and Border Protection (CBP) for comment.
A CBP spokesperson sent us the following written statement:
“U.S. Customs and Border Protection (CBP) is working across the Southwest border to acquire land necessary for the construction of Smart Wall, to include a steel bollard wall, along with roads, detection technology, cameras, and lighting. It is always CBP’s preference to obtain real estate interests voluntarily, however, if CBP is unable to acquire the necessary access voluntarily within a reasonable timeframe, CBP refers the matter to the Department of Justice to acquire any necessary property interest(s) through eminent domain.”
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