United States of America v. 26.000 Acres of Land, More or Less et al

Filing 11

Opposed MOTION FOR ORDER OF IMMEDIATE POSSESSION by United States of America, filed. Motion Docket Date 12/11/2018. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Smith, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
UNITED STATES OF AMERICA

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Plaintiff,
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v.
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CASE NO. 7:18-cv-303
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26.000 ACRES OF LAND, MORE OR
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LESS SITUATE IN HIDALGO COUNTY,
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STATE OF TEXAS; AND THE PHARR
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ORATORY OF ST. PHILIP NERI OF
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PONTIFICAL RITE, A TEXAS
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NON PROFIT CORPORATION,
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Defendants.
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______________________________________________________________________________
ORDER FOR IMMEDIATE POSSESSION
______________________________________________________________________________
On November 20, 2018, Plaintiff filed a motion for the delivery of possession along with
a Complaint and Declaration of Taking with this Court in the above-referenced action. Plaintiff
seeks the surrender from Defendant(s) of the estate defined as: a temporary, assignable easement
beginning on the date this Court grants possession to the Plaintiff and ending 12 months later. The
easement being claimed consists of the right of the United States, its agents, contractors and assigns
to enter in, on, over and across certain tracts of land described with more certainty in Schedules C
and D of the Declaration of Taking (Dkt. No. 2).
The easement being sought gives the United States the right to survey, make borings, and
conduct other investigations on the tracts of land described in the aforementioned Schedules for
the public purpose of conducting surveys, tests, and other investigatory work needed to plan the
proposed construction of roads, fencing, vehicles barriers, security lighting, and related structures
designed to help secure the United States/Mexico border within the State of Texas. As part of the

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easement, the United States has acquired the right to trim and remove any vegetative or structural
obstacles on the properties that interfere with the aforementioned purpose and work.
The easement claimed reserves to the landowner(s), their successors and assigns all rights,
title and privileges as may be used and enjoyed without interfering with or abridging the rights
hereby acquired by the United States, subject to minerals and rights appurtenant and to existing
easements for public roads and highways, public utilities, railroads and pipelines.
Now, having considered United States’ motion for possession, this Court finds the
following support for Plaintiff’s motion:
On August 28, 2018, Plaintiff filed a proper complaint in the above-referenced action for
the above-referenced action for the condemnation (taking) of the defendant’s property for
temporary easements and declaration of taking of those properties in accordance with 40 U.S.C. §
3114. On October 22, 2018 Plaintiff deposited into the Registry of this Court the sum of $100.00
as the estimated just compensation for the taking the easement across defendant’s property.
This Court, therefore, ORDERS that all defendants to the above-referenced action and all
persons who own or claim ownership, possession and/or control of the property described in the
aforementioned Schedules must allow the United States access to the property subject to the
following terms:
The United States is hereby granted the right to survey, make borings, and conduct other
related investigations on the tract of land described in the aforementioned Schedules for the public
purpose of conducting surveys, tests, and other investigatory work needed to plan the proposed
construction of roads, fencing, vehicles barriers, security lighting, and related structures designed
to help secure the United States/Mexico border within the State of Texas. Additionally, the United
States is granted the right to trim or remove any vegetative or structural obstacles on the property

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that interfere with the aforementioned purpose and work. The easement acquired by the United
States will begin immediately and will end on August 28, 2019. To the extent possible, the United
States shall use contractors that have appropriate liability insurance. Any questions concerning just
compensation for damages, if any, incurred by a defendant that have not been resolved will be
addressed by this Court at a later date if and when raised by that defendant.
It is further ORDERED that a copy of this order shall be served by the United States upon
all owners, all parties claiming ownership, and all persons in possession or control of the properties
to the extent these are known.
Signed, this ________________________________, 2018.

________________________
RANDY CRANE
United States District Judge

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