Posted on 05/16/2008 11:51:32 AM PDT by SmithL
WASHINGTON, (AP) -- Texas mayors and business leaders filed a class-action lawsuit Friday alleging Homeland Security Secretary Michael Chertoff hoodwinked landowners into waiving their property rights for construction of a fence along the Mexican border.
Members of the Texas Border Coalition said Chertoff did not fairly negotiate compensation with landowners for access to their land for six-month surveys to choose fence sites. The coalition of mayors and business and community leaders is seeking an injunction to block work on the fence.
They also want a federal judge to rescind all the agreements with landowners and to order Chertoff to start again. The department has sought and won access from hundreds of landowners to determine where to build the fence and other barriers to illegal border crossings.
The coalition's attorney, Peter Schey, said Chertoff violated a 1996 immigration law that requires fair negotiation with landowners.
The lawsuit also names Robert Janson, director of Asset Management at U.S. Customs and Border Protection, as a defendant.
It was filed with U.S. District Judge Reggie B. Walton, a Bush nominee who presided in the criminal case of I. Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff.
"They hoodwinked property owners" into waiving their property rights, Schey said.
(Excerpt) Read more at sfgate.com ...
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