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U.S. v. 1.16 ACRES OF LAND, MORE OR LESS

Civil Action Nos. 1:08-cv-169, 1:08-cv-193, 1:08-cv-213, 1:08-cv-217, 1:08-cv-226, 1:08-cv-237, 1:08-cv-293.

585 F.Supp.2d 901 (2008)

UNITED STATES of America, Plaintiff, v. 1.16 ACRES OF LAND, MORE OR LESS, SITUATE IN CAMERON COUNTY, TEXAS; and Borzynski Brothers Properties, Defendants. United States of America, Plaintiff, v. 0.26 Acres of Land, more or less, situate in Cameron County, Texas; and Oscar Ceballos; et al., Defendants. United States of America, Plaintiff, v. 0.37 Acres of Land, more or less, situate in Cameron County, Texas; and Troy Investment Company No. 25; et al., Defendants. United States of America, Plaintiff, v. 1.08 Acres of Land, more or less, situate in Cameron County, Texas; and Donald F. Phillipp; et al., Defendants. United States of America, Plaintiff, v. 4.14 Acres of Land, more or less, situate in Cameron County, Texas; and Rio Grande Palms Water District; et al., Defendants. United States of America, Plaintiff, v. 6.51 Acres of Land, more or less, situate in Cameron County, Texas; and Daniel Yturria Butler; et al., Defendants. United States of America, Plaintiff, v. 1.18 Acres of Land, more or less, situate in Cameron County, Texas; and Trustee Isidore F. Bauer; et al., Defendants.

United States District Court, S.D. Texas, Brownsville Division.

October 20, 2008.

Attorney(s) appearing for the Case

Kevin C. Aiman, U.S. Attorney's Office, Marcus D. Campbell, U.S. Attorney, Houston, TX, for Plaintiff.

Randolph Kimble Whittington, Attorney at Law, Harlingen, TX, David C. Garza, Garza and Garza, Brownsville, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

ANDREW S. HANEN, District Judge.

Plaintiff, the United States of America, seeks estates in fee simple in the Defendant landowners' property pursuant to 40 U.S.C. § 3114 and 8 U.S.C. § 1103, as part of the Government's efforts to construct fencing and other infrastructure to secure the United States-Mexico border. The landowners object to these takings based on recent amendments to 8 U.S.C. § 1103 note (Section...

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