CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: 6/29/10 - Fw_ SD Union-Tribune - Developer Says Feds Devaluing Property Redacted) 3
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(b) (6) (b) (6) Fw: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C. court Wednesday, January 02, 2008 11:37:31 AM
I had set up the call for Chief Aguilar and Deputy Colburn with Chief's Counsel, CBP Legal (Indy) and SDC Counsel and is to take place tomorrow. I am now traveling traveling to Ft. Worth for the VF300 meeting meeting and (b) (6) have handed off the call to . This is the second second article article in as many days, the first was posted posted in the LA Times. This needs to be settled quickly and must incorporate past/current use, BIS purchase purchase and Otay Mountain access.
----- Original Message Message --- -(b) (6) From: To: (b) (6) Sent: Wed Jan 02 10:38:55 2008 Subject: FW: SD Union-Tribune Union -Tribune - Developer says feds devaluing property; property; De la Fuente brings lawsuit in D.C. court
(b) (6)
Assistant Chief Headquarters U.S. Border Patrol (b) (6)
________________ ________________________ _______________ ________ _ From: (b) (6) Sent: Wednesday, January 02, 2008 10:00 AM To: FISHER, MIKE J; (b) (6) SELF, JEFFREY D; (b) (6) (b) (6) Cc: Subject: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C. court
FYI
________________ ________________________ _______________ ________ _ From: (b) (6) Sent: Wednesday, January 02, 2008 9:42 AM To: (b) (6) AGUILAR, DAVID V; AHERN, JAYSON P; GIDDENS, GREGORY; Adams, Rowdy D; COLBURN, RONALD S Cc: (b) (6) Subject: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C.
court
Developer says feds devaluing property De la Fuente brings lawsuit in D.C. court By Greg Moran UNION-TRIBUNE STAFF WRITER January 2, 2008
OTAY MESA – For more than a decade, decade, Otay Mesa land baron Roque de la Fuente II has been locked in an expensive court battle with the city of San Diego, alleging that a series of city actions reduced the value of a business park he developed. A jury agreed with him and in 2001 awarded the developer $94.5 million in damages. In the years since, that award has been erased by appeals from the city, and the case is back where it started, in San Diego Superior Court. Now, de la Fuente is raising similar issues against a different opponent – the federal government. In a lawsuit lawsuit filed in the U.S. Federal Federal Court of Claims Claims in Washington Washington,, D.C., de la Fuente and business partner David Wick contend that the construction of two border fences to curb illegal immigration has channeled illegal immigrants onto a 96.7-acre parcel of land they own north of the border. The lawsuit claims that for the past several years, the U.S. Border Patrol has used the property to round up and arrest illegal immigrants. Border Patrol vehicles speed across the property, there are sensors in the ground, and buses come on the land to haul away the illegal immigrants, according to the lawsuit. The increasing Border Patrol activity on the property has devalued it and amounts to an unconstitutional “taking” of land without just compensation by the government, the lawsuit contends. The lawsuit was filed in December 2006 in a little-known federal court in Washington that hears cases involving monetary claims against the government, such as tax refunds, property claims like de la Fuente's and claims by contractors suing the government for breach of contract. The property lies between Otay Mesa Road and Donovan State Prison Road and is bisected by Alta Road. It is zoned for heavy to light industrial uses. The property is one of several contiguous parcels owned by de la Fuente business interests. The lawsuit focuses on the effect of border fencing the government has constructed over the past decade. A primary fence runs along the border for 14 miles starting from the ocean. A secondary fence about 150 feet north of the first fence also has been built, but it runs only about nine miles miles east. In fact, the secondary fence ends near the property owned by de la Fuente and Wick, according to court papers.
The incomplete fence – it is supposed to run farther east, but construction has halted – means that the property has become an attractive crossing point for illegal immigrants, who have to surmount only one fence. That has led the federal government government to essentially essentially take over the land and use it as a site to round up and deport people, the lawsuit says. “It's the obvious weak point in the system, and everyone knows it is there,” said Roger Marzulla, the lawyer for the landowners. Government lawyers could not be reached for comment. But in court papers seeking to have the lawsuit dismissed, they argue that the statute of limitations to file such an action has long expired. They also say de la Fuente has no viable claim because federal law allows the Border Patrol access to private property within 25 miles of the international border for the purposes of preventing illegal immigration. But Marzulla said that law does not allow the government to devalue private land. “Just because the San Diego Police Department has h as a right to patrol your street does not mean they can set up a command post in your living room,” he said. Marzulla said Wick had plans to build a racetrack, while other plans called for developing it for heavy industry. But government activity on the property has scared off potential tenants, the lawsuit said. The landowners have not said how much they are seeking in damages, Marzulla said. ________________ ________________________ _______________ ________ _ Greg Moran: (619) 542-4586; [email protected] < http://www.signonsand http://www.signonsandiego.com/news/metro/ iego.com/news/metro/MAILTO:greg.moran@uniontri MAILTO:[email protected] b.com> >
Find this article at: http://www.signonsandiego.com/news/metro/20080102-9999-1m2land.html
(b) (6) (b) (6) Fw: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C. court Wednesday, January 02, 2008 11:37:31 AM
I had set up the call for Chief Aguilar and Deputy Colburn with Chief's Counsel, CBP Legal (Indy) and SDC Counsel and is to take place tomorrow. I am now traveling traveling to Ft. Worth for the VF300 meeting meeting and (b) (6) have handed off the call to . This is the second second article article in as many days, the first was posted posted in the LA Times. This needs to be settled quickly and must incorporate past/current use, BIS purchase purchase and Otay Mountain access.
----- Original Message Message --- -(b) (6) From: To: (b) (6) Sent: Wed Jan 02 10:38:55 2008 Subject: FW: SD Union-Tribune Union -Tribune - Developer says feds devaluing property; property; De la Fuente brings lawsuit in D.C. court
(b) (6)
Assistant Chief Headquarters U.S. Border Patrol (b) (6)
________________ ________________________ _______________ ________ _ From: (b) (6) Sent: Wednesday, January 02, 2008 10:00 AM To: FISHER, MIKE J; (b) (6) SELF, JEFFREY D; (b) (6) (b) (6) Cc: Subject: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C. court
FYI
________________ ________________________ _______________ ________ _ From: (b) (6) Sent: Wednesday, January 02, 2008 9:42 AM To: (b) (6) AGUILAR, DAVID V; AHERN, JAYSON P; GIDDENS, GREGORY; Adams, Rowdy D; COLBURN, RONALD S Cc: (b) (6) Subject: SD Union-Tribune - Developer says feds devaluing property; De la Fuente brings lawsuit in D.C.
court
Developer says feds devaluing property De la Fuente brings lawsuit in D.C. court By Greg Moran UNION-TRIBUNE STAFF WRITER January 2, 2008
OTAY MESA – For more than a decade, decade, Otay Mesa land baron Roque de la Fuente II has been locked in an expensive court battle with the city of San Diego, alleging that a series of city actions reduced the value of a business park he developed. A jury agreed with him and in 2001 awarded the developer $94.5 million in damages. In the years since, that award has been erased by appeals from the city, and the case is back where it started, in San Diego Superior Court. Now, de la Fuente is raising similar issues against a different opponent – the federal government. In a lawsuit lawsuit filed in the U.S. Federal Federal Court of Claims Claims in Washington Washington,, D.C., de la Fuente and business partner David Wick contend that the construction of two border fences to curb illegal immigration has channeled illegal immigrants onto a 96.7-acre parcel of land they own north of the border. The lawsuit claims that for the past several years, the U.S. Border Patrol has used the property to round up and arrest illegal immigrants. Border Patrol vehicles speed across the property, there are sensors in the ground, and buses come on the land to haul away the illegal immigrants, according to the lawsuit. The increasing Border Patrol activity on the property has devalued it and amounts to an unconstitutional “taking” of land without just compensation by the government, the lawsuit contends. The lawsuit was filed in December 2006 in a little-known federal court in Washington that hears cases involving monetary claims against the government, such as tax refunds, property claims like de la Fuente's and claims by contractors suing the government for breach of contract. The property lies between Otay Mesa Road and Donovan State Prison Road and is bisected by Alta Road. It is zoned for heavy to light industrial uses. The property is one of several contiguous parcels owned by de la Fuente business interests. The lawsuit focuses on the effect of border fencing the government has constructed over the past decade. A primary fence runs along the border for 14 miles starting from the ocean. A secondary fence about 150 feet north of the first fence also has been built, but it runs only about nine miles miles east. In fact, the secondary fence ends near the property owned by de la Fuente and Wick, according to court papers.
The incomplete fence – it is supposed to run farther east, but construction has halted – means that the property has become an attractive crossing point for illegal immigrants, who have to surmount only one fence. That has led the federal government government to essentially essentially take over the land and use it as a site to round up and deport people, the lawsuit says. “It's the obvious weak point in the system, and everyone knows it is there,” said Roger Marzulla, the lawyer for the landowners. Government lawyers could not be reached for comment. But in court papers seeking to have the lawsuit dismissed, they argue that the statute of limitations to file such an action has long expired. They also say de la Fuente has no viable claim because federal law allows the Border Patrol access to private property within 25 miles of the international border for the purposes of preventing illegal immigration. But Marzulla said that law does not allow the government to devalue private land. “Just because the San Diego Police Department has h as a right to patrol your street does not mean they can set up a command post in your living room,” he said. Marzulla said Wick had plans to build a racetrack, while other plans called for developing it for heavy industry. But government activity on the property has scared off potential tenants, the lawsuit said. The landowners have not said how much they are seeking in damages, Marzulla said. ________________ ________________________ _______________ ________ _ Greg Moran: (619) 542-4586; [email protected] < http://www.signonsand http://www.signonsandiego.com/news/metro/ iego.com/news/metro/MAILTO:greg.moran@uniontri MAILTO:[email protected] b.com> >
Find this article at: http://www.signonsandiego.com/news/metro/20080102-9999-1m2land.html
