Feds warn of eminent domain to build border fence

By ALICIA A. CALDWELL

Associated Press

EL PASO — In a written ultimatum to South Texas landowners opposed to plans to build a border fence, federal officials foreshadow the possible use of eminent domain to buy land for border fence construction.

Department of Homeland Security Secretary Michael Chertoff sent the letter to property owners who either refused or ignored requests to let federal land surveyors on their property.

The letter says the government will first try to negotiate with landowners for the purchase of property it needs for construction of the fence. But it also warns that if no deal is reached, the government may go to court to "seek title and possession, and the court will determine fair market value."