NDÉ ISDZÁNÉ ŁANOHWILE’~~Lipan Apache Women Defense ~~El Calaboz Rancheria, Rio Grande/Rio Bravo: All We Need ... A Few Sparks...

Thursday, December 18, 2008

All We Need ... A Few Sparks...

Texas landowners win small victory on border fence
By CHRISTOPHER SHERMAN Associated Press Writer © 2008 The Associated Press
Dec. 18, 2008, 6:24PM

McALLEN, Texas — Dozens of South Texas landowners whose land is being condemned for the border fence scored a victory when a federal judge ordered that juries will decide the value of their property rather than an appointed land commission as the government had requested.
U.S. District Judge Andrew Hanen set the stage for a series of trials to begin in March with his order signed Wednesday. While the trials will be restricted to determining how much the government pays landowners for the property, it gives Texas landowners their first opportunity to take an issue related to the border fence before a jury.
"I'm proud of him, he's doing his job," Eloisa Tamez, a landowner facing condemnation near Brownsville, said Thursday. "To have this kind of news before the holidays is like a Christmas gift for me."
The federal government has filed more than 300 condemnation lawsuits against South Texas landowners to make way for portions of the 670 miles of fencing it is building along the U.S.-Mexico border. So far about 500 miles is up, but it has been slow going in the Rio Grande Valley, where opposition is widespread.
Federal prosecutors had argued that the number of jury trials would swamp the courts, result in uneven payments and be extremely complex. A panel of land experts appointed by the court would be a more efficient option and more fair since it would be difficult to find enough unbiased jurors in an area where the fence has been a hot-button issue for months, the government said.
But Hanen, based in Brownsville, sided with landowners, 28 of whom are set for trial next year and all requested juries. The U.S. Attorney's Office did not immediately return a call for comment.
"This court is a firm believer in the jury system and the ability of everyday citizens to set aside their personal beliefs, biases and prejudcies to decide cases solely on the evidence presented within the context of a court's instructions," Hanen wrote in his order.
Hanen also cast doubt on the government's claim that about 80 cases will eventually need juries to determine land values. He suggested that even among the 28 cases scheduled for trial so far, similar parcels could be clustered in groups of three to be heard by the same jury. Most property owners settled with the government out of court.
The condemnations range from a quarter acre to more than 12 acres, but in many cases those are just slivers taken from tracts covering hundreds of acres north of the Rio Grande. Land commissions are generally believed to award lower compensation than juries, eminent domain attorneys say.
Each case will offer its own complexities, from calculating the impact on hunting leases to the value of the land left in the no-man's land between the fence and the river.
Kimberli Loessin, an attorney representing some of the landowners, wrote in an e-mail, "Landowners are pleased and believe that Judge Hanen did the right thing."

No comments:

DECOLONIZATION & INDIGENEITY

LAW-Defense is re-structuring our web presence based upon on-going dialogues with Nde' peoples of Konitsaii Gokiyaa. Key Themes are:

Indigenous Peoples' Knowledge
Nde' world views
Indigenous human rights
Elders
Gender violence
Indigenous Women
Indigenous Youth
Indigenous Workers
History, historical correction and recovery Self-determination in social, economic, spiritual and political realms,
Decision-making on all matters related to Nde' peoples, Nde' governance, customary lands, and territories.

LAW Defense actively engages U.N. CERD, the U.N. Special Rapporteur on the Rights of Indigenous Peoples, the Inter-American Commission/ OAS system, and the UN Permanent Forum on Indigenous issues, among others.

Decolonization.

Indigeneity.

Indigenous Cultural, Social, Economic, and Political Decision-making.

Indigenous Empowerment.

Nde' Truth Commission on Genocidal Violence (new!).

Racism, Gender violence and Settler Colonialism.

The Doctrine of Discovery and Domination (new!)

Indigenous Oral and Written Narrative.

Indigenous Media and Documentation.

Self-Determination & Self-Governance.

Indigenous security, health, and equilibrium.

ABOUT US~~LIPAN APACHE WOMEN DEFENSE

Lipan Apache Women Defense (El Calaboz Rancheria) organized in the summer of 2007 to address centuries and recent decades of land-based struggles, recognition, territories, self-determination, and indigenous peoples' world views.

Lipan Apache Women Defense (LAW-Defense) is an Indigenous Peoples' Organization. It supports local capacity building, documentation, research, and investigations related to Indigenous peoples' rights affirmed in the U.N. Declaration on the Rights of Indigenous Peoples, ratified in 2007, and adopted by the United States on December 16, 2010.

LAW-Defense documents and advocates for the rights of the indigenous originarios, Nde', and Nakaiiye-Nde lineal clan members of Lipan Apache peoples who are the Real People: original rancheria communities along the Rio Grande/Rio Bravo.

Our projects embrace Indigenous Peoples' rights, as taught, transmitted, and upheld by the Elders and Knowledge Keepers.

Context:
Lipan Apache women of El Calaboz Rancheria took up the cultural, social, legal, political, and economic protection against armed and forced dispossession of Indigenous Peoples' lands by the U.S. D.H.S. et al.

We organized community support, empowerment and decision-making processes to protect integral and inherent Indigenous relationships to lands, sacred sites, burial grounds, and biodiversity in the face of a series of armed and forced takings of local peoples' lands, as a direct consequence of the implementation of the U.S. Secure Fence Act of 2006.

The Secure Fence Act of 2006, Sec. 102, provided the Secretary (Department of Homeland Security) the unilateral power to waive 36 Federal laws and this laid the pavement for destruction of languages, kin-ship practices, ceremonies, traditional medicinal knowledges, burial grounds, sacred sites, subsistence herding and farming, and cultural restoration projects already in implementation by local leaders. See, "Constitution Free Zone."

Indigenous peoples from the El Calaboz Rancheria lineal clans stood firm against the U.S. possession of traditional lands. Securing our lands, resources, livelihoods, ecologically-based economies, and way of life are at the heart of the matter for Indigenous Peoples of the Lower Rio Grande, who continue to struggle against settler and state violence stemming from colonization by Spaniards in the early 1520s, and subsequent waves of settlement, development, and privatization by Euro-American colonizers.

The United States and Nde' Customary Perspectives
In U.S. law, there are significant legal fictions which assume the religious and racial superiority of Euro-American settler juridical systems above those of indigenous peoples inherent and inalienable rights to self-governance, lands and territories. The following models entail excessive aggression and armed violence, which were used to dispossess lands illegally through force and coercion against Lower Rio Grande River communities:
1. Eminent Domain,
2. the Declaration of Taking, and
3. Condemnation Proceedings.

Impacted Nde' and Nnee Peoples of the Texas-Mexico Border--Beyond the Doctrine of Discovery
Specifically impacted Indigenous people, the Lipan Apache, Jumano-Apache, and Mexican-American land grant peoples whose ancestors' presence in the hemisphere pre-date European conquest.

The Lipan Apache Women Defense organized legal, social, cultural and political resistance to U.S. militarized violence, abuse of state power, and abuse of the Rule of Law

This work raises critical questions and organizes forums for serious debate, participation and collective decision-making about Indigenous inherent Aboriginal Title, and the State's sovereignty.

To date, the U.S. border wall project has been unsuccessful in El Calaboz Rancheria, Lower Rio Grande Valley, South Texas because it has not achieved its goal: genocide and erasure of Indigenous peoples, presence, history, creativity, and resilient spirit.

By foregrounding community organization, documentation, research and education the Lipan Apache Women Defense has strengthened the Indigenous People's resolve to persist in Indigenous, U.S. and International law systems to restore democratic principles and rule.

PLEASE SUPPORT OUR EFFORT to PROTECT INDIGENOUS LAND RIGHTS ALONG THE BORDER AND BORDER WALL.
(FEBRUARY 2012)